Sanxiang City Daily
From the case of "doubt without prosecution" to "prosecution and sentencing", the result of the case has been "reversed". The back of the reversal bears the heart of Changsha procuratorial organs to strengthen the judicial protection of property rights.
Changlin City People's Procuratorate Prosecutor Yan Lin
The prosecutor tells the story:
From the case of "doubt without prosecution" to "prosecution and sentencing", the result of the case has been "reversed". The back of the reversal bears the heart of Changsha procuratorial organs to strengthen the judicial protection of property rights. In January of this year, Peng Yuqiang’s case was rated as “a typical case of criminal complaints involving property rights protection by the national procuratorial organsâ€. This small case changes the way of handling cases, is a service concept, and is a supervisory perspective. It does not change as the “initial heart†of our prosecutor’s “nothing to make crimes, let the justice have temperatureâ€, as a judicial person. Let the people feel the "ingenuity" of fairness and justice in every case, and it is the "determination" of providing better quality inspection products with the people as the center of the rule of law.
Today, we are going to talk about a story about intellectual property. The suspects printed packaging boxes such as "Laoganma" and "Changkang" and provided them with the manufacture and sale of counterfeit goods. However, due to insufficient evidence, the grass-roots procuratorate made a decision not to prosecute him. The procurator of the Intellectual Property Office of the People's Procuratorate of Changsha City re-examined the prosecution through efforts, and finally the suspect Peng Moqiang was sentenced and fined.
Initial investigation: unclear facts, insufficient evidence, no prosecution
Peng Mouqiang is the owner of a printing factory. Since 2014, he has printed the packaging boxes of “Changkang†and “Laoganma†companies and supplied them to Li Morong for the sale of counterfeit goods, which caused the two companies to suffer losses. Has been suspected of committing a crime. However, due to insufficient evidence, the grassroots procuratorate made a decision not to prosecute Peng Mouqiang.
The “Changkang†and “Laoganma†companies refused to accept the complaint and filed a complaint with the Changsha Municipal People’s Procuratorate. The inspection committee decided to revoke the original non-prosecution decision and handed the case to our Intellectual Property Procuratorate for re-examination and prosecution.
At that time, the Intellectual Property Procuratorate was established soon. However, the correct handling of this case will highlight the confidence and determination of the procuratorate for intellectual property protection.
After careful combing, it was found that the seemingly simple case was very "difficult". All of the packaging cartons printed by Peng Mouqiang were supplied to Li Morong for the production of counterfeit goods. Most of these goods have already entered the market, and there are few physical evidence. In addition, he only runs a small printing factory, there is no book, how much is printed, and the price is only what they know. There are a lot of contradictions between the confessions obtained in the previous period, and we must find both sides to verify. At this time, Peng Mouqiang already knows this decision not to prosecute. Will he still tell the truth? Li Morong is out of medical care, far away in Anhui, how can I get it in the testimony? The previous case has not been prosecuted, now it is To supplement the evidence, where should I start?
In the end, I found that the core is: I have to personally review the key evidence, otherwise the case may still be in a quagmire, that is, "insufficient evidence."
Review: collecting evidence and testimony, case reversal
When I found the police to fill the case, I was told that the physical evidence was destroyed. Through hard work, I learned from the presiding judge of the Li Morong case that some of the related physical evidence was stored in the warehouse of the Food and Drug Administration. Therefore, I squatted in the corner of the warehouse to check and take pictures of counterfeit goods and packaging cartons. I wanted to maximize the objective facts. Seriously, the warehouse in the big summer is really stuffy.
With the possession of evidence, the most urgent thing is to verify Li’s testimony. Three years ago, Li Mourong was sentenced for the crime of counterfeiting registered trademarks. Now he is seeking medical treatment in the home of Taodian Village in Shanhou Town, Anhui Province. I have to go to him to verify the testimony.
When my colleague and I rushed to Li’s home, he was sick in bed and refused to see us. I contacted the relevant local departments and asked them to come forward to do their work. While talking with Li’s elderly parents, after 4 hours of conversation, they finally put down their defenses and were willing to cooperate with them. The case was finally successfully prosecuted.
During the court hearing, I learned that Peng’s family had suffered from floods and house damage. I patiently explained to Peng Shifa, and persuaded him to plead guilty and confess; while visiting the "Changkang" and "Laoganma" companies to promote their understanding of Peng; at the same time, looking for the presiding judge, it is recommended to consider the penalty. In July last year, all the dust settled: the court found that the defendant Peng Mouqiang illegally manufactured and sold about 16,350 registered trademark marks, and the illegal business amount was about 70,350 yuan, which constituted the crime of illegally manufacturing and selling registered trademark marks and sentenced to one year in prison. , probation for two years, and fined 30,000 yuan. Peng Mouqiang said in court that he would not appeal.
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