What should we do if we sell illegal drugs without knowing it? If the perpetrator's production and sales of fake and inferior commodities are not intentional, but because the production technology level does not meet the requirements or the perpetrator is deceived by others and other completely objective reasons, the perpetrator's subjective negligence of the fake and inferior commodities produced and sold is not intentional, then the perpetrator does not constitute this kind of crime. According to the objective actual situation, combined with the subjective situation of the actor, it can be confirmed that the actor can know and may know subjectively but the actor cannot deny it. According to the nature of this type of crime and the occurrence of cases in real life, most subjects of this type of crime have the purpose of seeking illegal economic interests subjectively. Negligence does not constitute this kind of crime.
Legal basis
Article 140 of the Criminal Law of the People's Republic of China [Crime of producing or selling fake or substandard products] A producer or seller who adulterates or adulterates a product, passes a fake product off as a genuine product, passes a substandard product off as a high-quality product, or passes a substandard product off as a qualified product, if the sales amount is not less than 50000 yuan but not more than 200000 yuan, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, It shall also, or shall only, impose a fine of not less than 50% but not more than two times the sales amount; If the amount of sales is not less than 200000 yuan but not more than 500000 yuan, he 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 half but not more than two times the amount of sales; If the amount of sales is not less than 500000 yuan but not more than 2 million yuan, he shall be sentenced to fixed-term imprisonment of not less than seven years and shall also be fined not less than half but not more than two times the amount of sales; 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 not less than half but not more than two times the sales amount or be sentenced to confiscation of property.
