Mr. Z counterfeited a registered trademark, and the amount involved was as high as 280 million, and Lawyer Peng Lei defended him or suspended his sentence

【Suspended sentence】In the case of Z X suspected of the crime of counterfeiting a registered trademark, Peng Lei's lawyer team effectively defended him, and the Xinhui District People's Court of Jiangmen City sentenced Z X to a suspended sentence

The courtroom is not a podium, and no matter how touching a lawyer's defense may be, in the end it must be made clear by facts and evidence. —George Izal

Since 2013, Mr. Z has entered Company A. Until October 2017, Mr. Z did auxiliary work such as packaging, loading and unloading of counterfeit wine for upstream company H in company A. The amount involved in the case was as high as 280 million yuan, and the victims involved a number of companies in China, France, Australia and other places, and the number of people involved was large. Later, Mr. Z was criminally detained on suspicion of counterfeiting a registered trademark.

After accepting the entrustment, the defender met with Z xxx many times, consulted the case materials, understood and verified the work performed by Z xxx in company A, and confirmed his status and role in the whole case. Based on the factual circumstances reflected in the evidence in the case, the defender discussed the plea defense strategy with Z X. Based on the family situation of Z X, the defender applied to the village committee of Z X X's household registration area to issue a certificate of family economic life difficulties, hoping that the case-handling organ would consider the sentencing circumstances.

Therefore, defenders defend for minor crimes, issue multiple legal opinions, applications on guarantee pending further investigation, applications on guarantee pending further investigation, and other legal documents to the case-handling organs, actively communicate with the procurators and judges undertaking the case, and submit defenders' defense opinions.

The defender defended Z for a light crime and sought to apply a suspended sentence for him.

(1) After Z X is brought to justice, truthfully confess the crimes committed by himself and his co-defendants, admit the facts of the alleged crimes, and have confessed the circumstances, they may be given a lenient punishment in accordance with law

When being interrogated by public security personnel, Mr. Z truthfully confessed the fact that he was responsible for inspecting the outer packaging and loading and unloading of fake wine, and also made a detailed confession about the division of labor of the remaining seven co-defendants, and at the same time admitted to knowing the fact that the fake wine was stored in the warehouse. According to the provisions of the third paragraph of article 67 of the Criminal Law, Z xxx truthfully confessed his crime and can be given a lenient punishment in accordance with law.

(2) Z x has a smaller role in the joint crime and is an accessory, and shall be given a mitigated or mitigated punishment in accordance with law

The crime involved in this case is the crime of counterfeiting a registered trademark, and Z X is responsible for inspecting the auxiliary work such as the outer packaging, loading and unloading of fake wine, and does not participate in the key links such as making fake wine, counterfeit trademarks, and selling goods with counterfeit registered trademarks, and it is also stated in his confession that he is not aware of the production place, sales place, company owner, and company leadership of the fake wine, so he plays a secondary and auxiliary role in the whole process, and is an accessory, and according to the provisions of the second paragraph of article 27 of the Criminal Law, the punishment should be mitigated or mitigated.

(3) Z x admits guilt and accepts punishment.

Since Z was detained in August 2018, it can be seen from the interrogation records of the public security organs that he has a clear understanding of his wrong behavior, and he has also expressed the intention of wanting to suspend the wrong behavior, although he ultimately failed to stop it in time, but he can see his sincere attitude of admitting guilt and repenting. After several meetings with Mr. Z, the defender himself voluntarily admitted to the charge of passing off a registered trademark and signed an affidavit admitting guilt and accepting punishment.

(4) Z is a first-time offender, and the subjective malignancy is relatively mild.

In this case, Mr. Z obeyed the arrangement of the work unit to undertake the quality inspection of the wine, and the participation time was relatively short, which was a first-time offender. Z is young, his cultural background is not high, and he has insufficient understanding of the illegality of his behavior, but he is a first-time offender or an accessory, and the subjective malignancy is lighter.

(5) Z is the only pillar of his family, and the application of a suspended sentence to him is conducive to his return to the family as soon as possible.

Z's father has no ability to work; his mother is ill and needs uninterrupted medication and has no ability to work. Because of Z's case, the originally happy and happy family has fallen into great difficulties not only financially but also in life. If Z is given a suspended sentence, it is conducive to returning to the family as soon as possible and maintaining the basic needs of the family, so as not to have more serious consequences.

In summary, defendant Z xxx admitted guilt and accepted punishment, had confessed circumstances, was an accessory or a first-time offender, and implored the court to synthesize the above circumstances and apply a suspended sentence to defendant Z xx.

In August 2020, the Xinhui District People's Court of Jiangmen City adopted the defender's defense opinion on the application of a suspended sentence to Z xx, and sentenced Z xx to a suspended sentence.

First of all, based on their rich experience in handling cases, defenders should guide the parties to put forward reasonable claims and strive for the best defense results after fully reviewing the evidence in the case and finding that the facts of the guilt are clear. Second, fully sort out the sentencing circumstances that the parties have, including the statutory sentencing circumstances and discretionary sentencing circumstances. In particular, when proposing discretionary sentencing circumstances, the defender shall fully investigate and provide corresponding supporting materials, which plays an important role in obtaining the approval of the case-handling organs. Finally, during the meeting, it is necessary to fully channel the negative emotions generated by the person's detention, and defend him every time with his intentions.

Mr. Peng Lei, Partner and Director of the Criminal Department of Guangdong Baoxin Law Firm, Deputy Director of the Criminal Committee of Zhongshan Lawyers Association, And Lecturer of Ting Lifang Gold Medal.

In the field of business, he is good at handling job-related crimes and economic crimes. Advocate the criminal defense concept of refined defense, team defense, process defense, and participatory defense. Adhering to the professional, rational, objective and meticulous defense methods, we strive for the best defense effect for the parties.