1. How to sentence 400,000 to the
1. How to sentence 400,000 to the crime of counterfeiting trademarks?
If the amount of trademark infringement reaches 400,000 yuan, the infringer may be sentenced to three to ten years in prison, because the sales amount of infringing goods is more than 250,000 yuan, which is a huge amount. The criminal court may impose a corresponding fine according to these factors, such as illegal gains and means of infringement.
criminal law
Article 2 14
Crime of selling goods with counterfeit registered trademarks If the amount of illegal income from selling goods that are knowingly counterfeit registered trademarks is relatively large or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not more than three years and shall also or only be fined; If the amount of illegal income is huge or there are other particularly 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.
Second, what is the filing standard for the crime of counterfeiting trademarks?
1, the amount of illegal business operation is more than 50,000 yuan or the amount of illegal income is more than 30,000 yuan;
2. Counterfeiting two or more registered trademarks, with an illegal business amount of more than 30,000 yuan or an illegal income of more than 20,000 yuan.
3. Other serious circumstances.
Third, can I find a guarantor for the crime of counterfeiting trademarks?
The crime of counterfeiting trademarks can be released on bail pending trial. Bail pending trial is a criminal compulsory measure, which means that in the process of criminal proceedings, qualified criminal suspects and defendants pay a certain amount of deposit or put forward corresponding guarantors, and the judicial organs temporarily release them from custody. Bail pending trial is not aimed at all criminal suspects and defendants. Only when certain conditions are met can bail pending trial be implemented. If the crime of counterfeiting a registered trademark is minor, the perpetrator may be sentenced to fixed-term imprisonment of not more than three years or criminal detention. If the consequences are particularly serious, they may be sentenced to seven years in prison and fined. In this case, you can apply for bail pending trial if there is no social danger. Therefore, the crime of counterfeiting trademarks can be released on bail pending trial.
If the party concerned constitutes a crime of counterfeiting trademarks and the amount reaches 400,000 yuan, it belongs to the category of huge amount and will be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. The filing standard of the crime of counterfeiting trademarks is that the illegal income of counterfeiting trademarks of others without their permission is more than 30 thousand yuan. As long as the conditions for obtaining a guarantor pending trial are met, you can apply for obtaining a guarantor pending trial for the crime of counterfeiting trademarks.