First of all, if selling fake wine constitutes a crime, criminal responsibility can be investigated according to the crime of producing and selling fake and inferior products, which is a deliberate crime. If you don't know that it is selling fake wine, it doesn't constitute a criminal offence, so the parties can be exempted from criminal punishment if they want to prove that they don't know. The way to prove ignorance: 1. Prove that the source of the purchased wine is legal, for example, the purchased wine was purchased through formal channels, and provide purchase vouchers and invoices. 2. Prove that you are also a victim of fake wine. For example, prove that the packaging and attributes of fake wine are very similar to real wine, prove that your purchase channels are legal, and channel dealers sell fake wine to themselves. Selling fake wine without knowing it is not intentional and does not require criminal responsibility. The seller is also a victim. The party who sells fake wine without knowing it can actively cooperate with the investigation of the public security organ, provide information on the purchase channels, and assist the public security organ in solving the case.
Legal basis:
Article 224 of the Criminal Law whoever, for the purpose of illegal possession, defrauds the other party of property in the process of signing and performing a contract in any of the following circumstances, if the amount is relatively large, 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 amount is huge or 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 the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated: (1) Fictitious units or signing contracts under the name of others; (2) Mortgaging with forged, altered or invalid bills or other false property rights certificates; (three) to perform a small contract or part of the contract first, to deceive the other party to continue to sign and perform the contract, and to have no actual performance ability; (4) After receiving the payment for goods, advance payment or secured property paid by the other party; (5) defrauding the other party's property by other means.