How to determine the value of a case of selling counterfeit goods
The "sales amount" of counterfeit and inferior goods refers to the producers and sellers All illegal income earned and deserved from the sale of counterfeit and substandard products. The value of the goods is calculated based on the price tag of the illegally produced and sold counterfeit and shoddy products; if there is no price tag, the value is calculated based on the market median price of similar qualified products. If the value of the goods is difficult to determine, it shall be determined by the entrusted and designated valuation agency. If the act of producing and selling counterfeit and inferior products has been carried out for many times without processing, the sales amount or value of the counterfeit and inferior products will be calculated cumulatively.
"Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Production and Sale of Counterfeit and Substandard Products"
Article 2 The "sales amount" stipulated in Articles 140 and 149 of the Criminal Law refers to the producer , all illegal income earned and deserved by the seller after selling counterfeit and substandard products.
Fake and shoddy products have not yet been sold, and the value of the goods reaches the criminal law If the sales amount stipulated in Article 140 is more than three times, the person shall be convicted and punished for the crime of producing and selling counterfeit and inferior products (attempted).
The value of the goods is calculated based on the price of the counterfeit and inferior products produced and sold illegally; there is no price , calculated based on the market median price of similar qualified products. If the value of goods is difficult to determine, a designated valuation agency shall be entrusted in accordance with the "Measures for the Administration of Valuation of Seized, Recovered and Confiscated Items" jointly issued by the State Planning Commission, the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security on April 22, 1997. Sure.
has repeatedly produced and sold fake and inferior products, Without processing, the sales amount or value of counterfeit and inferior products is calculated cumulatively.
The above knowledge is the editor’s understanding of “selling fake goods” To answer the question "How to determine the case value", the Supreme People's Court and the Procuratorate have stipulated the case value of selling counterfeit goods, which refers to the value generated in the process of production, sales, transportation, etc. If readers need legal advice from a lawyer, they are welcome to go to the Legal Savior Network for legal consultation.
