Sales of counterfeit drugs, sales amount of 6000 yuan, profit in 300 yuan. How to judge? How to judge? The crime of producing and selling fake drugs without eating problems is a behavioral crime and does not necessarily constitute a harmful result. So your behavior definitely constitutes a crime, but since there are no harmful consequences, there are no other serious circumstances. That is, fixed-term imprisonment of not more than three years and a fine. So try to find a good lawyer and try to get probation.
Will you be sentenced for manufacturing and selling fake male sexual health products? Yes, on 20 14 65438+ 10/2 1 day, Qingyang District Court has supported the accusation of Qingyang District Procuratorate, and sentenced 24 defendants to fixed-term imprisonment ranging from 6 months to 3 years for the crimes of illegally manufacturing registered trademarks, counterfeiting registered trademarks and selling goods with counterfeit registered trademarks.
How to judge the sale of counterfeit drugs to 600 thousand according to the crime of producing and selling fake and inferior commodities in criminal law
Article 141 Whoever produces or sells counterfeit drugs, 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 shall also or only be fined not less than 50% but not more than 200% of the sales amount; 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; Whoever causes death or especially 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% but not more than 2 times the sales amount or confiscated property.
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).
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How to punish the production and sale of toxic and harmful food and health care products constitutes this crime? According to the specific circumstances, you can bear the following criminal responsibilities respectively:
1. 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 or criminal detention, and shall also, or shall only, be fined not less than 50% but not more than two times the sales amount. Article 5 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 "causing serious harm to human health" means: (1) causing minor injuries or more; (2) Causing mild or moderate disability; (three) causing damage to organs and tissues, resulting in general dysfunction or serious dysfunction; (4) Causing serious food poisoning or other serious food-borne diseases to more than 10 people; (five) other circumstances that cause serious harm to human health.
2, causing serious food poisoning accidents or other serious food-borne diseases, causing serious harm to human health, shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and impose a fine of not less than fifty percent but not more than two times the sales amount. Article 6 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 and harmful food under any of the following circumstances shall be deemed as "other serious circumstances" as stipulated in Article 144 of the Criminal Law:
(a) the production and sales amount is more than two hundred thousand yuan but less than five hundred thousand yuan;
(two) the production and sales amount100000 yuan but less than 200000 yuan, and the amount of toxic and harmful food is large or the production and sales last for a long time;
(three) the production and sales amount is more than one hundred thousand yuan but less than two hundred thousand yuan, which belongs to infant food;
(4) The production and sales amount100,000 yuan but less than 200,000 yuan, and he 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 are highly toxic or high in content;
(six) other serious circumstances.
3. Whoever causes death or especially 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% but not more than 2 times the sales amount or confiscated property. 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 and harmful food, with the production and sale amount of more than 500,000 yuan, or under any of the circumstances stipulated in Article 4 of this Interpretation, 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, it shall be fined, and the directly responsible person in charge and other responsible personnel shall be punished in accordance with the above provisions. Article 17 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 whoever commits the crime of producing or selling food that does not meet the safety standards and produces or sells toxic or harmful food shall generally be sentenced to a fine of more than one time and less than two times the amount of production and sales according to law.
How to sentence the sale of counterfeit drugs to100000, which is suspected of constituting the crime of selling counterfeit drugs and selling fake and inferior products, according to the principle of concurrence of laws and regulations, choose felony punishment. If we only judge from the sales amount, we should investigate the criminal responsibility according to the crime of selling fake and inferior products, which is a sentence of more than 15 years according to law.
Legal basis:
1. Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Producing and Selling Fake Drugs and Inferior Drugs (Fa Shi [2009] No.9), which shall come into force on May 27, 2009.
Article 1 The production and sale of counterfeit drugs shall be deemed as "enough to seriously endanger human health" as stipulated in Article 141 of the Criminal Law under any of the following circumstances:
(a) according to the national drug standards should not contain toxic and harmful substances, but contain toxic and harmful substances, or contain substances that exceed the provisions of the national drug standards;
(two) belong to * * *, toxic drugs for medical use, radioactive drugs, contraceptives, blood products or vaccines;
(three) pregnant women, infants, children or critically ill patients as the main object of use;
(4) It belongs to injection drugs and emergency drugs;
(five) no or forged drug production license or approval number, and it belongs to prescription drugs;
(6) Other circumstances that seriously endanger human health.
If it is difficult to determine the circumstances specified in items (1) and (6) of the preceding paragraph, it may entrust a drug inspection agency set up or determined by the drug supervision and administration department at or above the provincial level for inspection. The judicial organ shall, according to the inspection conclusion, identify the indications indicated by counterfeit drugs and the degree of harm that may be caused to human health.
Article 2 A counterfeit drug produced or sold after use causes minor injuries or slight or moderate disabilities, or organ or tissue damage causes general or serious dysfunction, or there are other situations that seriously endanger human health, which shall be deemed as "causing serious harm to human health" as stipulated in Article 141 of the Criminal Law.
If the use of fake drugs produced and sold causes severe disability, three or more serious injuries, three or more moderate disabilities, or serious dysfunction caused by organ or tissue damage, ten or more minor injuries, five or more slight disabilities, or general dysfunction caused by organ or tissue damage, or other situations that are particularly harmful to human health, it shall be deemed as "particularly harmful to human health" as stipulated in Article 141 of the Criminal Law.
Article 3 If the inferior drugs produced and sold cause minor injuries or slight or moderate disabilities after use, or organs and tissues are damaged to cause general or serious dysfunction, or there are other situations that seriously endanger human health, it shall be deemed as "causing serious harm to human health" as stipulated in Article 142 of the Criminal Law.
If the use of inferior drugs produced and sold causes death, severe disability, serious injury of more than three people, moderate disability of more than three people, serious dysfunction caused by organ and tissue damage, minor injury of more than ten people, mild disability of more than five people or general dysfunction caused by organ and tissue damage, or causes other particularly serious harm to human health, it shall be deemed as "especially serious consequences" as stipulated in Article 142 of the Criminal Law.
2. Article 140 of the Criminal Law: Whoever commits the crime of producing and selling fake and inferior products, adulterates or adulterates the products, passes off the fake as the real, and passes off the unqualified products as qualified products, 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 shall only, be fined not less than 50% but not more than two times the sales amount; If the sales amount is more than 200,000 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 two times the sales amount; 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.
Article 141 of the Criminal Law: 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).
Selling health food or selling fake drugs, which is more serious, is definitely finished. As long as there is a food circulation license for health foods, there are health foods in the business category.
Will you be sentenced for selling 300 fake health products? If you just make and sell fake goods, you will generally be punished by the administrative organs. If the amount is not large, there will be no sentence. If some harmful ingredients are added and a fatal event occurs, you will face criminal punishment.
Should I be sentenced for selling fake red bull? If you are curious, just look at the full text of the criminal law, including Article 140 of the crime of producing and selling fake and inferior products; Article 143 the crime of producing and selling food that does not meet the safety standards; Article 144 The production and sale of toxic and harmful food may violate these three crimes.
If you sell it, you'd better go to a lawyer. According to your sales volume, whether you know it is a fake or not, you should judge whether it is illegal according to the actual situation.
Selling 300,000 fake drugs, with a profit of 65,438+10,000, is there any chance of probation? It is the first time to commit the crime of producing and selling counterfeit drugs. 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).
Two, the Supreme People's Court, the Supreme People's Procuratorate "on the production and sale of fake and inferior commodities in criminal cases, the specific application of the law to explain some issues".
Article 3 A counterfeit drug produced or sold by a drug inspection institution established or recognized by the drug supervision and administration department at or above the provincial level shall be deemed as "enough to seriously endanger human health" as stipulated in Article 141 of the Criminal Law in any of the following circumstances:
Containing excessive toxic and harmful substances;
Does not contain the marked effective ingredients, which may delay the diagnosis and treatment;
Indications or functional indications are beyond the prescribed scope, which may lead to delayed diagnosis and treatment;
Lack of obvious and effective ingredients necessary for first aid.
The use of counterfeit drugs produced and sold, causing minor injuries, serious injuries or other serious consequences, shall be deemed as "causing serious harm to human health".
If the use of counterfeit drugs produced and sold causes serious disabilities, and three people are seriously injured, more than ten people are slightly injured, or other particularly serious consequences are caused, it shall be deemed as "particularly serious harm to human health".
Article 9 Whoever knows or should know that others commit the crime of producing and selling fake and inferior commodities, provides them with loans, funds, account numbers, invoices, certificates, licenses or facilities such as production and business premises, transportation, warehousing, mailing, etc., or provides counterfeit technology, shall be punished for committing the crime of producing and selling fake and inferior commodities.
Article 10 Whoever commits the crime of producing and selling fake and inferior commodities, and at the same time constitutes other crimes such as infringement of intellectual property rights and illegal business operations, shall be convicted and punished in accordance with the provisions of heavier punishment.
Article 11 Whoever commits the crimes specified in Articles 140 to 148 of the Criminal Law and refuses to investigate and deal with them by violence or threats, which constitutes other crimes, shall be punished in accordance with the provisions of combined punishment for several crimes.
Article 12 Any functionary of a state organ who participates in the crime of producing or selling fake and inferior commodities shall be given a heavier punishment.
Those who constitute this crime and Article 140th "the crime of producing and selling fake and inferior products" shall be convicted and punished in accordance with the provisions of heavier punishment. (Article 149, paragraph 2, of the Criminal Law)