1. Will you be sentenced if you are caught selling fake goods by the police?
1. It is illegal to sell counterfeit goods. If the circumstances are serious and the amount is relatively large, criminal responsibility shall be investigated. If the sale of fake and inferior commodities fails to meet the standards of criminal investigation, the industrial and commercial authorities shall give administrative punishment according to law and impose a fine of 40 thousand yuan.
2, doping, adulteration in the product, fake genuine, shoddy, or substandard products as qualified products, shall be ordered to stop production and sales, confiscate the illegally produced and sold products, and impose a fine of more than 50% and less than 3 times the value of the illegally produced and sold products; Illegal income, confiscate the illegal income; If the circumstances are serious, the business license shall be revoked; If a crime is constituted, criminal responsibility shall be investigated according to law.
Second, what is a fake?
1. When manufacturing goods, imitate the external characteristics of other similar products realistically, or copy and sell products that have been protected by intellectual property rights without authorization, so as to impersonate others' products.
2. In the current market, it is mainly manifested in fraudulent use and forgery of other people's trademarks and signs; Using someone else's unique name, packaging, decoration, factory name and address;
3, fraudulent use of high-quality product quality certification mark and production license mark products.
Three, the sale of counterfeit goods is illegal, if the circumstances are serious and the amount is large, it will bear criminal responsibility.
1. Whoever knowingly sells goods with counterfeit registered trademarks, and the sales 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 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.
2. Whoever knowingly sells goods with counterfeit registered trademarks, with a sales amount of more than 50,000 yuan, is a "relatively large amount" as stipulated. For the crime of selling goods with counterfeit registered trademarks, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or shall only be fined.
3. If the sales amount is more than 250,000 yuan, it is a "huge amount" as stipulated. For the crime of selling goods with counterfeit registered trademarks, it shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and fined.
legal ground
People's Republic of China (PRC) product quality law
Article 49
Production and sale of products that do not meet the national standards and industry standards for protecting human health and personal and property safety shall be ordered to stop production and sale, and the illegally produced and sold products (including sold and unsold products, the same below) shall be confiscated, and a fine of less than three times the value of the goods shall be imposed; Illegal income, confiscate the illegal income; If the circumstances are serious, the business license shall be revoked; If a crime is constituted, criminal responsibility shall be investigated according to law.