[Examine 8 答】 — 88] Customized criminals of customized fake and shoddy products constitute the crime of production and selling fake and shoddy products

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Whether the customized and shoddy products constitute

Criminal crime of production and sales of fake and shoddy products

Consultation category: economic crime inspection

Consultation content: In order to reduce costs, a project subcontractor agrees with the production sellers of fake and shoddy products to produce pseudo -inferior products. In this situation, does the project subcontractor be criminal? If the crime is concluded, does it constitute the crime of selling fake and shoddy products, or is it the crime of production and sales of fake and shoddy products with the production sellers of fake and shoddy products? How to calculate the sales amount?

Consultant: Jin Huiuo, Procuratorate, Yuhang District, Hangzhou City, Zhejiang Province

Answer Experts, Wu Xiaoyang: 1. The subjective aspect of the crime of production and sales of fake and shoddy products is intentional, which includes both direct intentional and indirect intentional intent. For producers of fake and shoddy products, if they know that the product is a pseudo -shoddy product, as long as the product is sold and the sales amount has reached the standard of prosecution, the producer constituted the crime of production and sales.

2. The contractor and the manufacturer constituted a criminal of the crime of production and sales of fake and shoddy products. The subcontractor and the total contractor's transfer contract aims to provide products to the bidder in accordance with the bidding contract of the chief contractor. The subcontractor customizes the manufacturer to customize fakes and shoddy products for the purpose of reducing costs. It is subjectively clearing the intention of selling customized fake and shoddy products. Pseudo -shoddy products are also used to sell them to bidders. According to the theory of common crime, subcontractors and manufacturers constitute the composition Crime of production and sales of fake and shoddy products.

3. How to calculate the sales amount. According to Article 2 of the Supreme People's Court and the Supreme People's Procuratorate on the Criminal Cases of Criminal Cases of Pseudo -Fleas and Seeing Commodities, the "sales amount" stipulated in Article 140 and 149 of the Criminal Law refers to the producer of the producer After the seller sells fake and inferior products, and all the illegal income they deserve. If the fake and shoddy products have not been sold, and the value of the value of the goods reaches more than three times the amount of sales stipulated in Article 140 of the Criminal Law, the crime and punishment for the crime of production and sales of fake and shoddy products (attempts) will be provided. The value of the goods is calculated based on the price of illegal production and sales; if there is no price, it is calculated according to the market price of similar qualified products. If the amount of goods is difficult to determine, according to the State Planning Commission, the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security, the "Administrative Measures for the Management of Search, Recovery, Confiscy Valuations" jointly released on April 22, 1997 Sure. (Prosecutor's Daily)

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