The criminal lawExplanation: 140th [Producing, selling fake or substandard productsThe definition, measurement of penalty]

140th producers, sellers in adulterates products, fake, shoddy, or with unqualified products as qualified products, sales amount of fifty thousand yuan less than two hundred thousand yuan, is less than two years imprisonment or criminal detention, or impose a single sales amount of fifty percent to less than two times the fine; sales of two hundred thousand yuan but less than five hundred thousand yuan, more than two years to seven years in prison, and sales amount of fifty percent to less than two times the fine; sales amount of five hundred thousand yuan less than two million yuan, more than seven years in prison, and sales amount of fifty percent to less than two times the fine; sales amount of two million yuan of above, fifteen years imprisonment or life imprisonment, and sales amount of fifty percent to less than two times the fine or confiscation of property.

[explain] this article is about the general criminal punishment criminal production, sales and shoddy products.

According to the provisions of this article,Producing, selling fake or substandard productsYou must have the following conditions: first, the producers, sellers have deliberately production, sales and shoddy products from the profit, if the behavior of people in the subjective intentional or not, do not know the sale of product is defective, but as a genuine sale, shall bear civil liability, not as a crime; second, the producers, sellers and implemented the "doping in the product, adulteration, yijiachongzhen objectively, shoddy or unqualified products as qualified products" behavior. The so-called "doping, adulterated in products", refers to the incorporation of impurities or foreign body in the product, the product quality is not consistent with national laws, regulations or the quality of the products Express quality standard requirements, reduce, lose their performance behavior. "Fake", refers to the 'do not have a performance products as with the use of performance behavior of products. "Shoddy", refers to the low grade, low grade of products as high grade, high-grade products, or incomplete, waste parts assembled combination, posing as genuine or new product behavior. "Unqualified products", "quality is not in conformity with the product quality law" provisions of the second paragraph of the twenty-sixth requirements of the product. The behavior is hard to determine, the product quality inspection institutions shall entrust the laws, administrative rules and regulations were identified. Third, producers, sellers in adulterates products, fake, shoddy, or with unqualified products as qualified products, sales amount to achieve fifty thousand yuan of above, to constitute a crime, if the amount of sales of less than fifty thousand yuan, does not constitute a crime. Fourth, the main crime of producing, selling fake and inferior products are the producers, sellers, consumers can not constitute the main body of this crime.

This article for theProducing, selling fake or substandard productsPunishment, according to the sales amount of different, divided into four grades, and offenders in the use of the penalty of freedom at the same time, also focus on the application of property punishment: the sales amount of fifty thousand yuan less than two hundred thousand yuan, is less than two years imprisonment or criminal detention, a fine or a single office sales amount more than fifty percent two times the fine; sales amount of two hundred thousand yuan less than five hundred thousand yuan, more than two years to seven years in prison, and sales amount of fifty percent to less than two times the fine; sales amount of five hundred thousand yuan less than two million yuan, more than seven years in prison, and sales amount of fifty percent to less than two times the fine; sales the amount of two million yuan of above, fifteen years of fixed-term imprisonment or life imprisonment, and sales amount of fifty percent to less than two times the fine or confiscation of property. What say here "sales amount", refers to all the illegal income of producers, sellers sell shoddy products obtained and deserve. Many implementation in production, sales and shoddy products, untreated, the amount of sales and shoddy products accumulated.

The criminal lawExplanation: 147th [Production, sale of fake or substandard pesticides, veterinary drugs, fertilizers, seeds of sinThe definition, measurement of penalty]

147th production false pesticide, veterinary medicine, false false fertilizer, knowingly selling fake or use of pesticides, veterinary drugs, lost, seed fertilizer efficiency, or producers, sellers with substandard pesticides, veterinary drugs, chemical fertilizer, seed as qualified pesticide, fertilizer, seed, the relatively large losses in production, three years in prison or detention, or impose a single sales amount of fifty percent to less than two times the fine; make production suffered heavy losses, more than three years to seven years in prison, and sales amount of fifty percent to less than two times the fine; when causing grave losses in production, more than seven years in prison or life imprisonment, and the sales amount of fifty percent to less than two times the fine or confiscation of property.

This article is about [explain]Production, sale of fake or substandard pesticides, veterinary drugs, fertilizers, seeds of sinProvisions and criminal punishment.

According to the provisions of this article,Production, sale of fake or substandard pesticides, veterinary drugs, fertilizers, seeds of sinHave the following elements: 1 behavior being subjectively intentional crime. Both the production of false pesticide, veterinary medicine, false false fertilizer, or knowingly selling fake or use of pesticides, veterinary drugs, lost, seed fertilizer efficiency, or producers, sellers to agricultural means of production as not qualified agricultural production, sales, their behavior intention is very clear, objective in order to profit illegally. 2 the behavior must carry out the following activities in one objective: (1) the production of pesticides, veterinary drugs, false false false fertilizer. The so-called "fake pesticides, veterinary drugs, false false fertilizer", refers to the ingredients and the national standards, industry standards do not conform to the non pesticide, fertilizer or non, non drug as pesticides and fertilizers, veterinary drugs. (2) knowingly selling fake or use of pesticides, veterinary drugs, lost, seed fertilizer efficiency. The so-called "lost the use of pesticides, veterinary drugs, chemical fertilizer, seed" effectiveness, is because the expired, damp, rotten, deteriorated because of lose efficacy and effectiveness, the loss of pesticide, fertilizer, seed use value. (3) the producers, sellers with substandard pesticides, veterinary drugs, chemical fertilizer, seed as qualified pesticide, fertilizer, seed. The so-called "unqualified", refers to does not have the performance should have or do not meet quality standards to be achieved. 3 production, sales of the inferior agricultural means of production, the production of relatively large losses, to constitute a crime, the main line which is the distinction between crime and non crime. Because of the various production data, the effect of different functions, the damage is not the same, in general, "the production have suffered great loss", practice generally refers to cause serious or widespread crop failures, more livestock disease or death.

ForProduction, sale of fake or substandard pesticides, veterinary drugs, fertilizers, seeds of sinPunishment, this article on the basis of its production caused by the size of the loss, is divided into three grades: to make punishment relatively large losses in production, is less than three years imprisonment or criminal detention, or impose a single sales amount of fifty percent to less than two times the fine; make production suffered heavy losses, more than three years less than seven years imprisonment, fined the amount of sales fifty percent to less than two times the fine; if the consequences are particularly serious, department for more than seven years of fixed-term imprisonment or life imprisonment, with sales of fifty percent more than two times the fine or confiscation of property.

In the actual implementation should pay attention to the distinction betweenProduction, sale of fake or substandard pesticides, veterinary drugs, fertilizers, seeds of sinDifferences with other crimes. The difference between the 1 and the crime of sabotaging production and business operation: the purpose is to profit illegally, means of production, sale of fake or substandard pesticides, veterinary drugs, fertilizers and seeds; and the crime of sabotaging production and business operation is due to wreak revenge or other personal purpose, is the way to destroy the machine equipment, mutilated animals or other method. The difference between the 2 and the production, sales and shoddy products crimes: production, sale of fake or substandard pesticides, veterinary drugs, fertilizers, seeds, if violates the two crimes, punishment heavier punishment according to the crime. If the implementation of the above behavior, not the production have suffered great loss, but the sales in the amount of fifty thousand yuan of above, punishment according to production, sales and shoddy products crimes.