Interpretations of Supreme People's Court and the Supreme People's Procuratorate on Several Issues about the Specific Application of Laws in the Handling of Criminal Cases Concerning Illegal Production or Sale of Fake or Substandard Commodities

Interpretations of Supreme People's Court and the Supreme People's Procuratorate on Several Issues about the Specific Application of Laws in the Handling of Criminal Cases Concerning Illegal Production or Sale of Fake or Substandard Commodities

Fa Shi [2001] No. 10

April 9, 2001

With a view to punish the crimes of producing and selling fake or substandard commodities legally, the interpretations on several issues about the specific application of laws in the handling of these cases are hereby given as follows in accordance with the pertinent provisions in the Criminal Law:

Article 1 "Mixes impurities into or adulterates the products" in Article 140 of the Criminal Law refers to the act of mixing impurities or foreign substances in commodities so that they do not agree with the quality requirements of national laws or regulations, or quality standard instruction, which leads to the degradation or loss in their due serviceability.
"Passes a fake product off as a genuine one" in Article 140 of the Criminal Law refers to the act of passing a product which does not have certain kind serviceability off as one that has.
"Passes a defective product off as a high-quality one" in Article 140 of the Criminal Law refers to the act of passing an inferior grade or low-grade product off as a superior grade or high-grade one, or the act of imitating a quality or new product with one that is assembled or pieced together with defective or used accessories.
"A substandard product" in Article 140 of the Criminal Law refers to any product that does not agree with the quality requirements prescribed in Clause 2 of Article 26 of the Law of the People's Republic of China on Product Quality.
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