1. Whoever produces or sells fake and inferior products shall be punished for the crime of producing or selling fake and inferior products, and shall be punished according to the amount involved:

(1) Whoever sells 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;

(2) Whoever sells more than 200,000 yuan but less than 500,000 yuan 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;

(3) 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 not less than seven years and fined not less than 50% but not more than two times the sales amount;

(4) 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.

2. Legal basis: Article 140 of the Criminal Law of People's Republic of China (PRC)

Second, how to identify the crime of producing and selling fake and inferior products

(a) draw a clear line between the crime of producing and selling fake and inferior products and non-criminal acts.

The key is to consider the subjective intention and objective result of the actor. It is a crime for the actor to intentionally manufacture and sell fake and inferior products, and the sales amount reaches more than 50 thousand yuan as stipulated by law; The act of manufacturing and selling fake and shoddy products with a sales amount of less than 50,000 yuan is generally illegal and can be given administrative punishment by the administrative department for industry and commerce according to law. According to the judicial interpretation of 5438+0 in the Supreme People's Court and the Supreme People's Procuratorate on April 5, 2006, it is difficult or even impossible to find out the sales amount of fake and inferior products only by investigating the fake and inferior products themselves in practice. "If the fake and inferior products have not been sold and the value of the goods reaches more than three times the sales amount stipulated in the Criminal Law, they will be convicted and punished for the crime of producing and selling fake and inferior products (attempted)".

(two) draw a clear line between the crime of producing and selling fake and inferior products and other crimes.

This mainly refers to the boundary between the crime of producing and selling fake and inferior products and the crime of producing and selling specific fake and inferior products, such as counterfeit drugs, foods that do not meet hygiene standards, toxic, harmful and unqualified medical devices, cosmetics that do not meet hygiene standards, etc. The difference between the two is mainly the different types of fake and shoddy products. As mentioned above, this crime produces and sells ordinary commodities, while the crime of producing and selling counterfeit drugs produces and sells specific commodities.

According to the criminal law, whoever produces or sells fake and inferior products shall be punished according to the crime of producing or selling fake and inferior products and the amount involved. For example, if the sales amount is more than 50,000 yuan but less than 200,000 yuan, it shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention; If the amount is more than 200,000 but less than 500,000, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years. I hope the above content can help you. If you have any other questions, please click the button below or consult a professional lawyer.