Key points in sentencing for selling goods with counterfeit registered trademarks

What is the key to conviction and sentencing for the crime of selling goods with counterfeit registered trademarks

Article 214 of the "Criminal Law" stipulates: "Knowing that goods with counterfeit registered trademarks are sold, the sales amount If the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and concurrently or solely with a fine; if the sales amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and also fined." Then, for the sale of goods with counterfeit registered trademarks How to convict and sentence a crime?

1. We must grasp the elements that constitute a crime. The crime of selling goods with counterfeit registered trademarks refers to the act of violating trademark management regulations and selling goods that are knowingly counterfeit and registered trademarks, and the sales amount is relatively large. The objects of this crime include not only the state's management order of trademarks, but also the exclusive rights of registered trademark owners; the objective aspect is the violation of trademark management regulations, the sale of goods that are knowingly counterfeit registered trademarks, and the sales amount is relatively large Behavior; the criminal subject is a general subject, including both natural persons and units; the subjective aspect is intentionality.

Second, we must grasp the scale of sentencing. According to the corresponding provisions of Article 72 of the "Regulations of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (2)", anyone who knowingly sells goods that are counterfeit registered trademarks with a sales amount of more than 50,000 yuan shall fall into the category of If the "amount is relatively large" as stipulated in Article 214 of the Criminal Law, the person shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention for the crime of selling goods with counterfeit registered trademarks, and shall also be fined or shall be fined alone. If the sales amount exceeds 250,000 yuan, it falls into the category of "huge amount" as stipulated in Article 214 of the Criminal Law, and shall be sentenced to a fixed-term imprisonment of not less than three years but not more than seven years, and a fine for the crime of selling goods with counterfeit registered trademarks.