How long will it take to complete the crime of selling fake and inferior seeds?

1、 How long will it take to complete the crime of selling fake and inferior seeds?

The penalty for selling fake and inferior seeds is calculated according to the loss of production caused by the sold seeds. If the production is lost due to the intentional sale of seeds that have lost their reproductive function, and the consequences are most serious, they may be sentenced to life imprisonment at most and be sentenced to twice the amount of sales fine 。

The People's Republic of China criminal law 》Article 147

【 Crime of producing and selling fake and inferior pesticides, veterinary drugs, fertilizers and seeds 】Health maternity leave Pesticides, fake veterinary drugs, fake chemical fertilizers, selling pesticides, veterinary drugs, chemical fertilizers and seeds that are known to be fake or ineffective, or producers or sellers passing unqualified pesticides, veterinary drugs, chemical fertilizers and seeds off as qualified pesticides, veterinary drugs, chemical fertilizers and seeds, causing heavy losses to production, shall be sentenced to less than three years fixed-term imprisonment perhaps criminal detention And shall also, or shall only, impose a fine of not less than 50 percent but not more than two times the sales amount; If heavy losses are caused to production, 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 not less than half but not more than two times the amount of earnings from sales; Whoever causes especially heavy losses to production shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment and shall also be fined not less than half but not more than two times the amount of earnings from sales or Confiscation of property 。

2、 Crime of producing and selling fake and inferior pesticides, veterinary drugs, fertilizers and seeds Crime of disrupting production and operation Boundaries of

In determining the crime of producing and selling fake and inferior pesticides, veterinary drugs, fertilizers and seeds, attention should be paid to the difference from the crime of disrupting production and management. It mainly includes:

(1) This crime is generally for the purpose of illegal profit, while the latter crime is for revenge or other personal purposes;

(2) The objective aspect of this crime is the act of producing and selling fake and inferior pesticides, veterinary drugs, fertilizers and seeds and causing greater losses to production. The behavior is not directly connected with the result, but the harmful result occurs after consumers purchase and use the pesticides, veterinary drugs, fertilizers and seeds produced and sold. There is a quite long time between the production and sales behavior and the harmful results; The latter crime is to destroy production and operation by destroying machinery and equipment, maiming farm animals and other direct methods. The behavior is directly connected with the harm result, and there is no factor that the victim acts as an intermediary;

(3) The object of this crime is the national management system and agricultural production related to the quality of agricultural means of production, such as pesticides, veterinary drugs, fertilizers, seeds, etc. The object of this crime is not specific, while the object of the subsequent crime is the production and management of a unit, and the object is specific;

(4) The subject of this crime is not only limited to natural persons, but also includes units; The subject of the latter crime can only be constituted by natural persons.

Our country attaches great importance to agricultural production and management. If a producer or operator not only produces fake seeds, but also sells fake seeds to farmers, and the sales behavior of the producer and operator has caused serious losses to farmers' production and management activities, then the actor and seller who produce fake seeds need to bear criminal responsibility.