1. What to do after being detained for 30 days for the crime of counterfeit trademark registration
When you are accused of producing counterfeit registered trademarks and face judicial detention, you should do your best to Go to the scene to assist in investigation work and proactively provide relevant information.
Normally, the detention period is less than ten days;
If the case involved is complex and the investigation cannot be completed within the specified time limit, the detention period may be extended to 14th.
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 departmentFile a complaint and also have the right to request corresponding compensation.
"Criminal Procedure Law"
Article 34
A criminal suspect has the right to entrust a defender from the day he is first interrogated or takes compulsory measures by the investigation agency; during the investigation, he can only entrust a lawyer as a defender. The defendant has the right to entrust a defender at any time.
The investigative agency interrogates the criminal suspect for the first time or takes coercive measures against the criminal suspect. When taking measures, the criminal suspect should be informed that he has the right to entrust a defender. The People's Procuratorate shall, within three days from the date of receipt of case materials transferred for review and prosecution, inform the criminal suspect of the right to entrust a defender. The people's court shall, within three days from the date of accepting the case, inform the defendant of the right to entrust a defender. If criminal suspects or defendants request to entrust a defender while in custody, the people's court, people's procuratorate and public security organs shall promptly convey their request.
If the criminal suspect or defendant is in custody, his or her guardian or close relative may also Appoint a defender on your behalf.
After accepting the entrustment of the criminal suspect or defendant, the defender shall promptly inform the person handling the case. organ.
Article 37
The defender’s responsibility is to present the criminal case based on the facts and law.Provide materials and opinions on whether criminal suspects and defendants are innocent, have minor crimes, or reduce or exempt them from criminal liability, and safeguard the litigation rights and other legitimate rights and interests of criminal suspects and defendants.
Article 38
Defense lawyers can provide legal assistance to criminal suspects during the investigation; represent complaints and accusations; apply for changes in compulsory measures; and learn about crimes from the investigative agencies Provide opinions on the suspect's alleged crimes and relevant circumstances of the case.
2. 800,000 yuan for counterfeiting trademarks and a sentence of several years
According to our country According to relevant laws and regulations, the prosecution of suspects for counterfeiting registered trademarks refers to using the same logo as the registered trademark in the same type of products without the permission of the registered trademark owner, and the circumstances are serious.
The specific manifestation of this type of criminal behavior is that without the permission of the registered trademark owner Under this circumstance, using a trademark that is exactly the same as its registered trademark to conduct commercial activities on the same kind of goods, and the circumstances are serious.
According to the provisions of Article 213 of the "Criminal Law", if the following exists In either case, it is considered a "serious case" and the defendant should be sentenced to fixed-term imprisonment of not more than three years or criminal detention according to law for the crime of counterfeiting registered trademarks.
First of all, the illegal business volume reaches more than 50,000 yuan, or the illegal income reaches More than 30,000 yuan; secondly,Counterfeiting two or more registered trademarks, the illegal business volume reaches more than 30,000 yuan, or the illegal income reaches more than 20,000 yuan; finally, other serious circumstances.
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