The boss of the most popular counterfeit old Ganma

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The boss of the counterfeit old Ganma carton printing factory was overthrown by prosecutors

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core tip: [China Packaging News] the case has changed from "no prosecution in doubt" to "prosecution and sentencing", and the result of the case has achieved a "reversal", Behind the reversal is the case of strengthening the property rights department of Changsha procuratorial organ

[China Packaging News] from "no prosecution in doubt" to "prosecution and sentencing". The result of the case has achieved a "reversal". Behind the reversal is the heart of Changsha procuratorial organ to strengthen the judicial protection of property rights

Yan Lin, prosecutor of Changsha people's Procuratorate, tells a story:

as the main raw material supplier of lithium battery giants such as BYD, Zhejiang Wanxiang, AVIC lithium battery, etc.

the case has changed from "no prosecution in doubt" to "prosecution and sentencing". The result of the case has achieved a "reversal". Behind the reversal is the heart of Changsha procuratorial organs to strengthen the judicial protection of property rights. In January this year, Peng Yuqiang's case was rated as "a typical criminal appeal case involving property rights protection by the national procuratorial organs". This small case has changed the way of handling the case, the concept of service, and the perspective of supervision. What remains unchanged is the "original intention" of our prosecutors to "let the crime have nowhere to hide and let the justice have temperature", the "ingenuity" of the judiciary to let the people feel fairness and justice in every case, and the "determination" of the builders of a country ruled by law to provide better procuratorial products centered on the people

today, we are going to tell a story about intellectual property. The suspect printed "Laoganma", "Changkang" and other packaging cartons and provided them to others to manufacture and sell counterfeit goods. However, due to insufficient evidence, the grass-roots Procuratorate made a decision not to prosecute him. Through efforts, the prosecutor of the Intellectual Property Office of the Changsha people's Procuratorate re examined the prosecution, and finally the suspect Peng mouqiang was sentenced and fined

preliminary investigation: the facts are unclear and the evidence is insufficient, so we will not sue.

PENG mouqiang is the boss of a printing factory. He has printed the packaging cartons of "Changkang" and "Laoganma" companies since 2014 and provided them to Li mourong to manufacture and sell counterfeit goods, which has caused losses to the two companies and has been suspected of committing a crime. However, due to insufficient evidence, the grass-roots Procuratorate made a decision against Peng mouqiang not to composite prosecution under abnormal temperature

"Changkang" and "Laoganma" companies were not satisfied and appealed to Changsha people's Procuratorate. The procuratorial committee decided to revoke the original decision not to prosecute and refer the case to our intellectual property procuratorial Bureau for re examination and prosecution

at that time, the intellectual property procuratorial Bureau was just established. However, the correct handling of this case will demonstrate the confidence and determination of procuratorial organs in intellectual property protection

after careful combing, it was found that the seemingly simple case was very "thorny". The packaging cartons printed by Peng mouqiang are all provided to Li mourong to produce counterfeit goods. Most of these goods have entered the market, and there is little physical evidence. In addition, he operates only a small printing factory without account books. Only they know how much they have printed and how much they charge. There are many contradictions between the confessions obtained in the early stage, which must be verified by both parties. At this time, Peng mouqiang has known the decision not to sue, will he truthfully explain it? Li mourong was released on bail for medical treatment and was far away in Anhui. How can I get the testimony? The case in the early stage has not been prosecuted, and now I have to add evidence. Where should I start?

finally, I found that the core is: I have to personally review the key evidence, otherwise the case may still fall into a quagmire, that is, "insufficient evidence"

Review: collect evidence and testimony, reverse the case

when I found the police handling the case to supplement the physical evidence, I was told that the physical evidence was destroyed. Through my efforts, I learned from the presiding judge of Li mourong's case that some related physical evidence was stored in the warehouse of the food and drug administration. So I squatted in the corner of the warehouse to count and take photos of counterfeit goods and packaging cartons one by one. I squatted for a whole day, trying to restore the objective facts to the greatest extent. To be honest, the warehouse is really stuffy in summer

with the evidence, the most urgent thing is to verify Li mourong's testimony. Three years ago, Li mourong was sentenced for counterfeiting a registered trademark. Now he is on parole for medical treatment in his hometown of Taodian village, Shanhou Town, he County, Anhui Province. I have to go to him to verify his testimony

when my colleagues and I arrived at Li mourong's hometown, he was ill in bed and refused to see us. On the one hand, I contacted the relevant local departments and asked them to come forward to do the work; While having a long talk with Li mourong's elderly parents, after four hours of conversation, they finally put down their guard and were willing to cooperate to testify. The case was finally successfully prosecuted

during the court hearing, I learned that Peng's family suffered from floods and house damage. On the one hand, I patiently reasoned Peng Shifa and persuaded him to confess his crime and punishment; First, such a picture of the future reflects an extremely broad market space, while visiting the "Changkang" and "Laoganma" companies to promote their understanding of Peng; At the same time, go to the presiding judge and suggest that it be considered when imposing a fine. In July last year, all the dust settled: the court found that the defendant Peng mouqiang illegally manufactured and sold about 16350 registered trademark logos, with an illegal business volume of about 70350 yuan, which constituted the crime of illegally manufacturing and selling registered trademark logos. He was sentenced to one year in prison, suspended for two years, and fined 30000 yuan. Peng mouqiang said in court that he would not appeal

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