First, do you want to go to jail for selling fake anchors live?
1. The anchor who sells fake goods live may go to jail and be suspected of selling counterfeit registered trademark goods.
2. Legal basis: Article 2 14 of the Criminal Law of People's Republic of China (PRC).
Whoever knowingly sells goods with counterfeit registered trademarks, and the amount of illegal income is relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years and shall also or only be fined; If the amount of illegal income is huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined.
In the process of live broadcast with goods, it is obviously deceiving consumers to make false propaganda about the products sold, and it is also necessary to bear the corresponding civil liability for compensation.
Two, the elements of the crime of selling counterfeit registered trademark goods
1, selling goods with counterfeit registered trademarks, with a large sales amount.
2. Selling or transferring goods with counterfeit registered trademarks in any paid way is "selling".
"Goods with counterfeit registered trademarks" refers to the same kind of goods that use the same trademark as its registered trademark without the permission of the registered trademark owner. As for the difference between the quality of this commodity and the quality of goods with real registered trademarks, I won't ask.
4. "Sales amount" refers to all the illegal income obtained and deserved after selling goods with counterfeit registered trademarks.
Third, the difference between the crime of selling goods with counterfeit registered trademarks and the crime of counterfeiting registered trademarks.
1, the criminal object is different. The object of the crime of counterfeiting a registered trademark is the registered trademark of the registered trademark owner, and the object of the crime of selling goods with counterfeit registered trademarks is the goods with counterfeit registered trademarks.
2. Different objective behaviors. The crime of counterfeiting registered trademarks belongs to commodity production. Objectively speaking, it is a serious act to use the same trademark on the same commodity without the permission of the registered trademark owner. The crime of selling goods with counterfeit registered trademarks belongs to the act of selling goods, which is objectively manifested as the act of selling goods that are knowingly counterfeit registered trademarks and the sales amount is relatively large.
3. If the actor not only fakes the registered trademark, but also sells the goods that counterfeit the registered trademark, it belongs to the absorption crime in criminal law theory. Counterfeiting behavior is the main behavior, and sales behavior is the subsidiary behavior. According to the principle of absorbing the actor's main behavior and accessory behavior, the actor is punished for the crime of counterfeiting registered trademarks.
Live broadcast selling fakes, the anchor of live broadcast selling fakes may go to jail, and if he is suspected of selling goods with counterfeit registered trademarks, the amount of illegal income is large or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not more than three years and fined; If the amount of illegal income is huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined. I arranged the above. If there is a dispute, it is still necessary to analyze the specific problems. If you can't solve the problem, you can consult a professional lawyer.