Do I need to consult a lawyer to sell fake gold jewelry?

Lawyers who sell fake gold jewelry will be sentenced. Selling gold is suspected of smuggling precious metals. The sentencing of the crime of reselling gold should be determined according to the circumstances of the crime. Criminals will be sentenced to more than five years' imprisonment and fined by the people's court. If the circumstances are minor, the people's court shall impose a fixed-term imprisonment of not more than five years and a fine. If the circumstances are especially serious, the people's court shall sentence him to life imprisonment or death and confiscate his property.

If a unit commits this crime, it shall be fined, and the directly responsible person in charge and responsible person shall be punished in accordance with relevant laws and regulations. The crime of smuggling precious metals refers to the act of illegally transporting, carrying and mailing gold, silver or other precious metals whose export is prohibited by the state in violation of customs regulations and evading customs supervision. Precious metals are articles that cannot circulate freely, and the export of precious metals is strictly prohibited by the state. The crime of smuggling precious metals violates the special foreign trade control system, that is, the system of prohibiting the import and export of goods.

legal ground

Article 151 of the Criminal Law of People's Republic of China (PRC) whoever smuggles weapons, ammunition, nuclear materials or counterfeit currency shall be sentenced to fixed-term imprisonment of not less than seven years and shall also be fined or confiscated; If the circumstances are especially serious, he shall be sentenced to life imprisonment and confiscation of property; If the circumstances are relatively minor, 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.

Smuggling cultural relics, precious metals such as gold and silver, or precious animals and their products prohibited by the state, shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and his property shall be confiscated; If the circumstances are relatively minor, they shall be sentenced to fixed-term imprisonment of not more than five years and fined.

Whoever smuggles precious plants and their products and other goods and articles whose import and export are prohibited by the state shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also, or shall only, be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and fined.

If a unit commits the crime specified in this article, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of each paragraph of this article.