I. Crime of producing and selling fake and inferior products and its punishment:
Article 140 of the Criminal Law of People's Republic of China (PRC) (revised in May, 20 1 1). Producers and sellers who adulterate products, pass off the fake as the real, and pass off unqualified products as qualified products, with a sales amount of 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 shall only be fined 200,000 yuan but less than 500,000 yuan. If the sales amount is more than 500,000 yuan but less than 2 million yuan, he shall be sentenced to fixed-term imprisonment of more than seven years, and shall also be fined more than 50% but less than two times the sales amount; If the sales amount is more than 2 million yuan, he shall be sentenced to fixed-term imprisonment of 15 years or life imprisonment, and shall also be fined more than 50% but less than 2 times the sales amount or his property shall be confiscated.
Second, the crime of selling goods with counterfeit registered trademarks and its punishment:
Article 214 of the Criminal Law of People's Republic of China (PRC) (revised in May 20 1 1) whoever knowingly sells goods with counterfeit registered trademarks in a large amount shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined; If the sales amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Three, the crime of producing and selling counterfeit drugs and its punishment:
Article 141 of the Criminal Law of People's Republic of China (PRC) (revised in May 20 1 1) 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; Whoever causes serious harm to human health or has other serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and fined; Whoever causes death or has other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death, and shall also be fined or confiscated.
The term "counterfeit drugs" as mentioned in this article refers to drugs and non-drugs that belong to counterfeit drugs and are treated as counterfeit drugs according to the provisions of the Drug Administration Law of People's Republic of China (PRC).
Four, the crime and punishment of producing and selling inferior drugs:
Article 142 of the Criminal Law of People's Republic of China (PRC) (revised in May, 201/KLOC-0), whoever produces or sells inferior drugs and causes serious harm to human health, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined not less than 50% but not more than two times the sales amount; If the consequences are especially serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50% but not more than 2 times the sales amount or his property shall be confiscated.
The term "inferior drugs" as mentioned in this article refers to drugs that are inferior drugs according to the provisions of the Drug Administration Law of People's Republic of China (PRC).
Five, the production and sale of food does not meet the safety standards of crime and punishment:
Article 143 of the Criminal Law of People's Republic of China (PRC) (revised in May 20 1 1) whoever produces or sells food that does not meet the food safety standards enough to cause serious food poisoning accidents or other serious food-borne diseases shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined; Whoever causes serious harm to human health or has other serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined; If the consequences are especially serious, they shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be fined or confiscated.
Six, the production and sale of toxic and harmful food charges and penalties:
Article 144 of the Criminal Law of People's Republic of China (PRC) (revised in May, 20 1 1) stipulates that whoever adulterates toxic and harmful non-food raw materials in food produced or sold, or sells food that is knowingly adulterated with toxic and harmful non-food raw materials, shall be sentenced to fixed-term imprisonment of not more than five years and fined; Whoever causes serious harm to human health or has other serious circumstances shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and fined; Whoever causes death or has other particularly serious circumstances shall be punished in accordance with the provisions of Article 141 of this Law.
Seven, the production and sale of substandard sanitary equipment crime and punishment:
Article 145 of the Criminal Law of People's Republic of China (PRC) (revised in May 20 1 1) whoever produces medical devices or medical materials that do not meet the national or industrial standards for protecting human health, or knowingly sells medical devices or medical materials that do not meet the national or industrial standards for protecting human health, which is enough to seriously endanger human health, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and the sales amount shall also be 100 yuan. Whoever causes serious harm to human health shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall be fined not less than 50% but not more than two times the sales amount; If the consequences are especially serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50% but not more than 2 times the sales amount or his property shall be confiscated.
Eight, the production and sale of products that do not meet the safety standards and penalties:
Article 146 of the Criminal Law of People's Republic of China (PRC) (revised in May 20 1 1) produces electrical appliances, pressure vessels, inflammable and explosive products or other products that do not meet the national or industrial standards for the protection of personal and property safety, or sells products that are knowingly higher than the national or industrial standards for the protection of personal and property safety, and the consequences are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined% of the sales amount.
Nine, the production and sale of fake and inferior pesticides, veterinary drugs, fertilizers and seeds crime and punishment:
Article 147 of the Criminal Law of People's Republic of China (PRC) (revised in May 20 1 1) produces fake pesticides, fake veterinary drugs and fake fertilizers, sells pesticides, veterinary drugs, fertilizers and seeds that are known to be fake or lose their use efficiency, or producers and sellers pass off unqualified pesticides, veterinary drugs, fertilizers and seeds as qualified pesticides, veterinary drugs and fertilizers. Those who cause heavy losses to production shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined not less than 50% but not more than two times the sales amount; Whoever causes particularly heavy losses in production shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be fined not less than 50% but not more than two times the sales amount or confiscated property.
Ten, the crime of producing and selling cosmetics that do not meet the hygiene standards and its punishment:
Article 148 of the Criminal Law of People's Republic of China (PRC) (revised in May, 20 1 1) whoever produces cosmetics that do not meet the hygiene standards, or knowingly sells cosmetics that do not meet the hygiene standards, thus causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also, or shall only, be fined not less than 50% but not more than two times the sales amount.
Applicable to the corresponding laws and regulations:
Article 149 of the Criminal Law of People's Republic of China (PRC) (revised in May, 20 1 1) produces and sells the products listed in Articles 141 to 148 of this section, which does not constitute the crimes stipulated in these articles, but if the sales amount is more than 50,000 yuan, it shall be convicted and punished in accordance with the provisions of Article 140 of this section.
Whoever produces or sells the products listed in Articles 141 to 148 of this section not only constitutes a crime as stipulated in each article, but also constitutes a crime as stipulated in Article 140 of this section, shall be convicted and punished in accordance with the provisions of heavier punishment.
Article 150 Where a unit commits the crimes specified in Articles 140 to 148 of this section, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be punished according to the provisions of these Articles.