Benefiting enterprises, warming enterprises and popularizing laws first

[Introduction] In April this year, the Anhui Provincial Law Publicity Office, together with 12 units including the Provincial Party Committee Propaganda Department, the Provincial Party Committee Cyber Information Office, the Provincial High Court, and the Provincial Procuratorate, deployed a law popularization activity with the theme of "benefiting enterprises, warming enterprises and popularizing laws first" in the province.

In order to strengthen case interpretation and give full play to the leading and exemplary role of typical cases, the Anhui Provincial Procuratorate has selected some typical cases to further strengthen the publicity of the rule of law for enterprises and deepen the rule of law for enterprises. The seventh issue is launched today: The case of eight people including Zhang Moujia counterfeiting registered trademarks and selling counterfeit registered trademarks 。

The case of eight people including Zhang Moujia counterfeiting registered trademarks and selling counterfeit registered trademarks

Keywords

The whole chain of food safety guidance and investigation

Basic Case

The defendant Zhang XX A has been operating Company A since 2003, engaged in beverage production and sales. In the first half of 2020, Zhang XX A decided to produce drinks with fake "XX A" registered trademark. The defendant, Zhang XX B, still helped Zhang XX A complete the work of raw material procurement, production and processing, collection and payment of accounts, knowing that the drinks produced were counterfeit registered trademark products. From July 2020 to March 2021, Zhang XX A will sell counterfeit "XX A" brand drinks to Chen and others, totaling 1721338 yuan.

On March 26, 2021, the public security organ will check and detain 2321 cans of drinks with fake "A" registered trademark, "A" logo printing iron, outer boxes and other fake raw materials in Company A, with a value of 3191.38 yuan. After identification, the seized "A" brand drinks are counterfeit registered trademarks. From July to October 2020, the defendants Chen and Yang, knowing that the goods were counterfeit registered trademarks, still purchased and resold from Zhang, with the sales amount of 1860040 yuan and 84750 yuan respectively.

[Performance of procuratorial duties]

This case was investigated and concluded by a branch of the public security bureau of a city in Anhui Province. On June 30, 2021, the defendants Zhang Moujia and others were suspected of the crime of counterfeiting registered trademarks, and Chen Mou and others were suspected of the crime of selling counterfeit registered trademarks. After accepting the case, the undertaking prosecutor quickly carried out evidence review and trial, and actively guided the investigation.

In view of the existence of multiple criminal groups in this case, different joint criminal relationships have been formed, and the charges and joint crimes have been accurately identified. Fully communicate with the defender and promote the defendant to plead guilty and accept punishment. On January 26, 2022, the People's Court of a district in a city made a judgment after trial, and sentenced the defendants Zhang Moujia and others to fixed-term imprisonment ranging from four years to nine months, suspended for a year, and fined for the crime of counterfeiting registered trademarks and the crime of selling counterfeit registered trademarks.

Typical significance

（1） The investigation should be guided in advance from the point to the surface. This case is a case in which the public security organ found criminal clues from the sales link, and the procuratorial organ intervened in advance. After full research and judgment, the procuratorial organ put forward investigation suggestions on the scope of attack, evidence collection, network collection time and other aspects, effectively preventing suspects from hiding and destroying evidence in other links, laying a solid foundation for subsequent review, prosecution and trial.

（2） We will severely punish food related crimes and stick to the whole chain of attack. Food crime concerns the "safety on the tip of the tongue" of the masses. The procuratorial organ not only cracked down on the criminal gangs in the production link, but also prosecuted the criminal gangs providing raw materials and distributors according to law. At the same time, for ordinary employees who do not participate in profit sharing and have participated for a short time, fix their key testimony, consolidate the case evidence, and do not deal with crimes.

（3） Accurately identify the crimes involved and accurately accuse the criminals. The suspects in this case have a clear division of labor, complete upstream and downstream industrial characteristics, and criminal consensus in different links. The procuratorial organ distinguishes the different responsibilities of packaging material suppliers, counterfeiters and sellers by analyzing and judging the criminal motives, criminal acts and infringed legal interests, accurately identifies the charges involved, and effectively realizes the organic unity of legal and social effects.

Instructions to enterprises

Articles 213 and 214 of the Criminal Law of the People's Republic of China

Article 213 Whoever, without the permission of the owner of a registered trademark, uses a trademark identical with his registered trademark on the same kind of goods, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years and shall also, or shall only, be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined.

Article 214 Whoever knowingly sells goods that are counterfeit registered trademarks, if the amount of illegal gains is relatively large, or if there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years and shall also, or shall only, be fined; If the amount of illegal gains is huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined.