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

1、 Sales Fake and inferior How long will it take to complete the seed crime?

Selling fake and inferior seeds punish It is calculated according to the production loss caused by the sold seeds. If the production is lost due to the intentional sale of seeds without reproductive function, and the results are the most serious, it may be sentenced to life at most imprisonment , and was sentenced to double the 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、 The boundary between the crime of producing and selling fake and inferior pesticides, veterinary drugs, fertilizers and seeds and the crime of disrupting production and business operations

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 and result are not directly connected, but through consumer Harmful results occur only after the purchase and use of 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 management by destroying machinery and equipment, maiming farm animals and other direct methods, and the behavior is directly connected with the harm result, without victim From the intermediary factor;

(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 it is time to produce fake seeds Actor And the seller criminal responsibility 。