1. How long is the general sentence for selling counterfeit trademarks with an amount of 80,000 yuan?
For criminals suspected of counterfeiting registered trademarks and whose total illegal business income reached 80,000 yuan , what kind of legal judgment should it receive? According to current legal provisions, the sentencing standards for the crime of counterfeiting registered trademarks vary depending on the amount involved.
When the total amount of counterfeit goods sold reaches 80,000 yuan, he will be sentenced to two The person shall be sentenced to fixed-term imprisonment of not more than 10 years or short-term detention, and shall also bear a fine of not less than 50% but not more than twice the sales amount.
The amount of the crime of counterfeiting registered trademarks needs to be calculated cumulatively.
For example, if the goods with counterfeit registered trademarks have been partially sold, and the sales amount is less than 5 If the total value of goods with counterfeit registered trademarks exceeds 150,000 yuan, the person will be convicted and punished according to the crime of selling goods with counterfeit registered trademarks (attempted).
"Criminal Law" Article 213
If the crime of counterfeiting a registered trademark is serious, he shall be sentenced to fixed-term imprisonment of not more than three years, and concurrently or solely with a fine. If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years.
"Several Issues on the Specific Application of Laws in Handling Criminal Cases of Intellectual Property Infringement" According to Article 1 of the Interpretation
, the amount of illegal business is more than 50,000 yuan If the amount of illegal income exceeds 30,000 yuan, the circumstances are serious and the person shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention for the crime of counterfeiting a registered trademark, and shall also or solely be fined. If the amount of income exceeds 150,000 yuan, if the circumstances are particularly serious, the person shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined for the crime of counterfeiting registered trademarks.
The sentencing standard for the crime of counterfeiting registered trademarks and illegal business operations of 80,000 yuan needs to be judged based on the specific circumstances.
2. What to do after 30 days of detention for the crime of counterfeit trademark registration
When he was accused of manufacturing counterfeit registered trademarks and faced justice While in custody, you should fully cooperate with the investigation and proactively provide relevant information.
Normally, the detention period is less than ten days;
If it involves The case is complex and within the prescribed periodIf the investigation cannot be completed within the time limit, the detention period may be extended to 14 days.
For those serious criminal suspects who commit crimes on the run, commit crimes multiple times, commit crimes in groups, etc. For a person, the period of detention can even be extended to thirty-seven days.
In order to obtain criminal evidence and arrest criminal suspects, investigators have the right to investigate crimes Search suspects and places where they may be hiding criminals or evidence of crimes.
If you have objections to the case handling procedures of the public security organs, you can report to the local disciplinary inspection and supervision department The department files a complaint and also has the right to request corresponding compensation.
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