How to get a sentence of tens of millions for making a profit from selling fake health products in large quantities
Major cases like this are usually prosecuted by the procuratorate. The court decides how much the first offender, the principal offender, and the accomplice should be sentenced. That’s up to the judge. Judgments are made in accordance with the provisions of the law. Outsiders' opinions do not count. It is better not to say anything and wait and see the court's decision. Selling counterfeit medicines, the sales amount is 6,000 yuan, and the profit is 300 yuan. How should I be sentenced and how should I be sentenced? There is no problem with eating.
The crime of producing and selling counterfeit medicines is a behavioral crime and does not require harmful consequences. Therefore, your behavior definitely constitutes a crime, but since there are no harmful consequences, there are no other serious circumstances. That is, a fixed-term imprisonment of not more than three years and a fine. So try to find a good lawyer and get a suspended sentence. Will there be a prison sentence for manufacturing and selling counterfeit male sexual supplements?
Yes, on January 21, 2014, the Qingyang District Court supported the charges brought by the Qingyang District Procuratorate and charged him with illegally manufacturing registered trademarks, counterfeiting registered trademarks, and selling goods with counterfeit registered trademarks. The 24 defendants were sentenced to prison terms ranging from 6 months to 3 years. How can I be sentenced for selling counterfeit drugs with a sales volume of 600,000?
According to the Criminal Law, the crime of producing and selling fake and inferior goods
Article 141: Producing and selling counterfeit drugs is enough to seriously endanger human health. If it causes serious harm to human health, he shall be sentenced to fixed-term imprisonment of not less than three years or criminal detention, and shall also be fined or fined not less than 50% but not more than twice the amount of sales; A fine of not less than 50% but not more than twice the amount of the sales amount shall be imposed; if it causes death or particularly serious harm to human health, the person shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death, and shall also be fined not less than 50% but not more than twice the amount of the sales amount. Fines or confiscation of property.
The term counterfeit drugs in this article refers to drugs and non-drugs that are counterfeit drugs and treated as counterfeit drugs in accordance with the provisions of the "Drug Administration Law of the People's Republic of China".
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How to be sentenced for producing and selling toxic and harmful food and health products
Those who constitute this crime may bear the following criminal liabilities based on the specific circumstances:
1. Whoever mixes toxic or harmful non-food raw materials into the food produced or sold, or sells food that is knowingly mixed with toxic or harmful non-food raw materials, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be sentenced to a fine of not more than five years in prison. Or a fine of not less than 50% but not more than twice the amount of sales at a single location. Article 5 of the "Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases Endangering Food Safety" stipulates that "causing serious harm to human health" refers to: (1) causing injuries above minor injuries; (2) Causing mild disability or moderate disability; (3) Causing damage to organs and tissues leading to general dysfunction or severe dysfunction; (4) Causing serious food poisoning or other serious foodborne diseases to more than ten people; (5) Others Situations that cause serious harm to human health.
2. Whoever causes serious food poisoning accidents or other serious food-borne diseases, causing serious harm to human health, shall be sentenced to a fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50% of the sales amount A fine of up to twice the amount shall be imposed.
Article 6 of the "Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases Endangering Food Safety" stipulates that any person who produces or sells toxic or harmful food under any of the following circumstances shall be deemed to be under Article 14 of the Criminal Law "Other serious circumstances" stipulated in Article 14:
(1) Production and sales amounting to more than 200,000 yuan but less than 500,000 yuan;
(2) Production and sales The amount is more than 100,000 yuan but less than 200,000 yuan, the quantity of poisonous and harmful food is large or the production and sales last for a long time;
(3) The amount of production or sales is more than 100,000 yuan but less than 200,000 yuan. Ten thousand yuan, which belongs to infant food;
(4) The production and sales amount is more than 100,000 yuan but less than 200,000 yuan, and the person has received administrative punishment or criminal punishment for illegal and criminal activities endangering food safety within one year ;
(5) Toxic and harmful non-food raw materials that are highly toxic or have high content;
(6) Other serious circumstances.
3. Anyone who causes death or particularly serious harm to human health shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death, and shall also be fined not less than 50 and not more than twice the sales amount, or have property confiscated. Article 7 of the "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases Endangering Food Safety" stipulates that the production and sale of toxic or harmful food, the production and sales amount exceeds 500,000 yuan, or the person has the qualifications specified in this interpretation. Any of the circumstances stipulated in the four articles shall be deemed as "causing death or other particularly serious circumstances" as stipulated in Article 144 of the Criminal Law.
4. If a unit commits this crime, the unit shall be fined, and the person directly in charge and other responsible personnel shall be punished in accordance with the above provisions. Article 17 of the "Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases Endangering Food Safety" stipulates that those who commit the crime of producing and selling food that does not meet safety standards, and the crime of producing and selling toxic or harmful food, generally A fine of more than twice the amount of production and sales should be imposed in accordance with the law. How to be sentenced for selling counterfeit drugs worth RMB 10 million
Selling counterfeit drugs worth RMB 10 million is suspected of constituting the crime of selling counterfeit drugs and selling fake and inferior products. According to the principle of competing legal provisions, one of the crimes will be punished as a felony. If we only judge based on the sales amount, we should be held criminally responsible for the crime of selling fake and inferior products, which according to law is a sentence of more than fifteen years.
Legal basis:
1. The "Specific Application of the Supreme People's Court and the Supreme People's Procuratorate on Handling Criminal Cases about the Production and Sale of Counterfeit and Substandard Drugs" that came into effect on May 27, 2009 Interpretation of Several Legal Issues" (Fajie [2009] No. 9)
Article 1 If the counterfeit medicines produced and sold fall under any of the following circumstances, they shall be deemed to be as prescribed in Article 141 of the Criminal Law "Enough to seriously endanger human health":
(1) Containing toxic and harmful substances that should not contain toxic and harmful substances according to national drug standards, or containing toxic and harmful substances that exceed the provisions of national drug standards;
(2) Drugs, drugs, toxic drugs for medical use, radioactive drugs, contraceptives, blood products or vaccines;
(3) Pregnant women, infants and children or items mainly used by critically ill patients;
(4) Injectable drugs and emergency drugs;
(5) No drug production license or approval number or a forged drug production license, and Prescription drugs;
(6) Other situations that can seriously endanger human health.
If it is difficult to determine the circumstances specified in Items (1) and (6) of the preceding paragraph, inspection may be entrusted to a drug inspection agency established or determined by the drug regulatory department at or above the provincial level. The judicial authority shall make the determination based on the inspection conclusion, combined with the indicated indications of the counterfeit medicine and the degree of harm it may cause to human health.
Article 2: The counterfeit drugs produced and sold are used, causing injuries above minor injuries, or mild disability or moderate disability, or damage to organs and tissues leading to general functional impairment or serious functional impairment, or having Other situations that seriously endanger human health shall be deemed as "causing serious harm to human health" as stipulated in Article 141 of the Criminal Law.
After the counterfeit drugs produced and sold are used, they cause severe disability, serious injuries to three or more people, moderate disability to three or more people, or serious functional impairment due to organ and tissue damage, minor injuries to more than ten people, and minor injuries to five or more people. Mild disability or damage to organs and tissues leading to general functional impairment, or other particularly serious harm to human health shall be deemed to be "causing particularly serious harm to human health" as stipulated in Article 141 of the Criminal Law.
Article 3 When inferior drugs produced and sold are used, they cause injuries above minor injuries, or mild or moderate disabilities, or damage to organs and tissues leading to general or severe dysfunction, or Other situations that seriously endanger human health shall be deemed as "causing serious harm to human health" as stipulated in Article 142 of the Criminal Law.
The use of inferior drugs produced and sold resulted in death, severe disability, serious injury to three or more people, moderate disability to three or more people, or organ and tissue damage leading to severe dysfunction, minor injury to ten or more people, If five or more people have mild disabilities or damage to organs and tissues resulting in general functional impairment, or other circumstances that seriously endanger human health, they shall be deemed to have "particularly serious consequences" as stipulated in Article 142 of the Criminal Law.
2. Article 140 of the "Criminal Law": The crime of producing and selling counterfeit and inferior products. Producers and sellers adulterate or adulterate products, pass off fake products as genuine products, pass off substandard products as good products, or pass off substandard products. Whoever passes off a product as a qualified product and the sales amount is more than 50,000 yuan but less than 200,000 yuan shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and shall also or solely be fined not less than 50% but not more than twice the sales amount; the sales amount shall be 200,000 yuan. If the sales amount is more than 500,000 yuan but less than 500,000 yuan, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years, and shall also be fined not less than 50% but not more than twice the sales amount; if the sales amount is more than 500,000 yuan but less than 2 million yuan, he shall be sentenced to 7 years in prison. If the sales amount exceeds 2 million yuan, he shall be sentenced to fixed-term imprisonment of not less than 15 years or life imprisonment, and shall also be fined not less than 50% but not more than twice the sales amount. A fine of not more than 100 times or property confiscation may be imposed.
3. Article 141 of the "Criminal Law" Whoever produces and sells counterfeit drugs shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; causing serious harm to human health Those who cause harm or have other serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined; those who cause death or have other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment, or death, and shall also be fined or confiscated. property.
The term counterfeit drugs in this article refers to drugs and non-drugs that are counterfeit drugs and treated as counterfeit drugs in accordance with the provisions of the "Drug Administration Law of the People's Republic of China". Selling health food products and selling counterfeit medicines are more serious.
Selling counterfeit medicines is definitely over. Health food products only need to have a food circulation license and include health food in the business category.
Will you be sentenced for selling 300 fake health products?
If you just make and sell fakes, you will generally be punished by administrative agencies. The amount is not large and you will not be sentenced. If some harmful ingredients are added and a fatal incident occurs , then you will face criminal penalties. Will you be sentenced for selling fake Red Bull?
If you are curious, just look at the full text of the Criminal Law on Baidu, which contains Article 140 of the Crime of Producing and Selling Counterfeit and Substandard Products; Article 143: The crime of producing and selling food that does not meet safety standards; Article 144: The crime of producing and selling poisonous and harmful food, you may violate these three crimes
If you sell , then it is best to find a lawyer. Based on your sales volume, whether you know it is a fake, etc., you must judge based on the actual situation whether you have illegally sold counterfeit medicine for 300,000 yuan and made a profit of 100,000 yuan. Is there a chance for probation? It is a first offense
1. Article 141 of the Criminal Law: Producing and selling counterfeit drugs. Whoever produces or sells counterfeit drugs shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; causing serious harm to human health. Or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined; if it causes death or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years but not more than ten years, or death, and shall also be fined or his property shall be confiscated. .
The term counterfeit drugs in this article refers to drugs and non-drugs that are counterfeit drugs and treated as counterfeit drugs in accordance with the provisions of the "Drug Administration Law of the People's Republic of China".
2. The Supreme People's Court and the Supreme People's Procuratorate's "Interpretation of Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases concerning the Production and Sale of Counterfeit and Substandard Products"
Article 3. Drug supervision at or above the provincial level If the drug inspection agency established or determined by the administrative department identifies that the counterfeit drugs produced and sold have any of the following circumstances, they shall be deemed to be "sufficient to seriously endanger human health" as stipulated in Article 141 of the Criminal Law:
Contains toxic and harmful substances that exceed the standard;
Does not contain the indicated active ingredients, which may delay diagnosis and treatment;
The indicated indications or functions are beyond the prescribed scope , which may cause delay in diagnosis and treatment;
Lack of effective ingredients required for first aid as indicated.
If the counterfeit drugs produced and sold are used and cause minor injuries, serious injuries or other serious consequences, they shall be deemed to have "caused serious harm to human health."
If the counterfeit medicines produced and sold are used, causing serious disability, serious injuries to three people, minor injuries to more than ten people, or other particularly serious consequences, they should be deemed as "causing particularly serious consequences to human health" harm".
Article 9 Knows or should know that others are committing the crime of producing or selling counterfeit and shoddy goods, and provides them with loans, funds, account numbers, invoices, certificates, licenses, or provides production or business premises or transportation or warehousing Those who provide conveniences such as , storage, and mailing, or provide counterfeit production technology shall be punished as criminals who commit the crime of producing and selling counterfeit and shoddy goods.
Article 10 Whoever commits the crime of producing and selling counterfeit and inferior goods, which at the same time constitutes other crimes such as infringement of intellectual property rights, illegal business operations, shall be convicted and punished in accordance with the provisions of heavier penalties.
Article 11 Whoever commits a crime stipulated in Articles 140 to 148 of the Criminal Law and resists investigation and punishment by means of violence or threats, thereby constituting other crimes, shall be punished in accordance with the concurrent punishment for several crimes. prescribed penalties.
Article 12 Any state agency staff member who participates in the crime of producing or selling counterfeit and inferior goods shall be severely punished.
If this crime also constitutes the "crime of producing and selling counterfeit and inferior products" in Article 140, he will be convicted and punished in accordance with the provisions of heavier penalties. (Criminal Law, Article 149, Paragraph 2)