Source: China good packaging
Due to insufficient evidence, Peng Mouqiang, who printed the "Gangganma" and "Changkang" packaging cartons and provided them with counterfeit goods, was decided by the grassroots procuratorate not to prosecute.
Originally thought to be able to "escape from a robbery", but did not expect that the Intellectual Property Office of the People's Procuratorate of Changsha City, through efforts, re-examined the prosecution, and finally the suspect Peng Moqiang was sentenced and fined.
In January of this year, this case was rated as “a typical case of criminal complaints involving property rights protection by the national procuratorateâ€. The prosecutor Yan Lin, who hosted the case, talked about the story behind...
Due to insufficient evidence, the printing factory owner counterfeited Laoganma’s cardboard box to escape punishment.
Peng Mouqiang is the owner of a printing factory. Since 2014, he has printed the packaging boxes of “Changkang†and “Laoganma†companies and supplied them to Li Morong for the sale of counterfeit goods, which caused the two companies to suffer losses. Has been suspected of committing a crime.
However, due to insufficient evidence, the grassroots procuratorate made a decision not to prosecute Peng Mouqiang. The “Changkang†and “Laoganma†companies refused to accept the complaint and filed a complaint with the Changsha Municipal People’s Procuratorate.
The inspection committee decided to revoke the original non-prosecution decision and handed the case to the Intellectual Property Procuratorate for re-examination and prosecution. After careful combing, it was found that this seemingly simple case was actually very tricky.
All of the packaging cartons printed by Peng Mouqiang were supplied to Li Morong for the production of counterfeit goods. Most of these goods have already entered the market, and there are few physical evidence. In addition, he only runs a small printing factory, there is no book, how much is printed, and the price is only what they know.
There are many contradictions between the confessions obtained in the previous period, and it is necessary to find both sides to verify. At this time, Peng Mouqiang already knows this decision not to prosecute. Will he still tell the truth? Li Morong is seeking medical treatment outside the hospital. Far away in Anhui, how can the testimony be obtained? The previous case has not been prosecuted. Now it has to be Supplementary evidence, where should I start?
The case reversed the printing factory owner and was finally fined and fined
In the end, I found that the core is: I have to personally review the key evidence, otherwise the case may still be in a quagmire, that is, "insufficient evidence."
When I found the police to fill the case, I was told that the physical evidence was destroyed. Later, I learned from the presiding judge of the case of Li Morong that some of the related physical evidence was stored in the warehouse of the Food and Drug Administration.
Therefore, I rushed to take stock of a counterfeit goods and packaging cartons in the corner of the warehouse, and wanted to maximize the objective facts. Finally, the evidence is there. The most urgent thing is to verify Li’s testimony.
Three years ago, Li Mourong was sentenced for the crime of counterfeiting registered trademarks. Now he is seeking medical treatment in the home of Taodian Village in Shanhou Town, Anhui Province. I have to go to him to verify the testimony. When my colleague and I rushed to Li’s home, he was sick in bed and refused to see us.
I contacted the relevant local departments and asked them to come forward to do their work. While talking with Li’s elderly parents, after 4 hours of conversation, they finally put down their defenses and were willing to cooperate with them. The case was finally successfully prosecuted.
During the court hearing, I learned that Peng’s family had suffered from floods and house damage. I patiently explained to Peng Shifa, and persuaded him to plead guilty and confess; while visiting the "Changkang" and "Laoganma" companies to promote their understanding of Peng; at the same time, looking for the presiding judge, it is recommended to consider the penalty.
In July last year, all the dust settled: the court found that the defendant Peng Mouqiang illegally manufactured and sold about 16,350 registered trademark marks, and the illegal business amount was about 70,350, which constituted the crime of illegally manufacturing and selling registered trademark marks and sentenced to one year in prison. Probation for two years and fined 30,000 yuan.
From "no doubts and no prosecutions" to "prosecution and sentencing", the result of the case has been "reversed", and behind the reversal is the pungency of the procuratorial organs to strengthen the judicial protection of property rights. This also reminds the industry enterprises, although there are many reasons, and must not be illegal, after all, Skynet is restored, not leaking.
Editor in charge: Zheng Shengfang
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