[Case Summary]This case is a criminal defense case involving the sale of counterfeit registered trademark products. The defendant, Wang * , sold counterfeit cigarettes online through WeChat groups and other channels, with a sales volume of over 400,000 yuan. The public security organ investigated and prosecuted the case on suspicion of illegal business operations, and the procuratorate brought a public prosecution against the defendant for illegal business operations, recommending a sentence of 5 years and 4 months. The defendant entrusted Beijing Henglu Law Firm to handle the case.Liu LiqiangThe lawyer's defense. The lawyer put forward a defense of changing the charge to a lesser offense: at the review and prosecution stage, he suggested adding charges and handling the case together with other related cases to determine the accomplice's status; during the trial, he argued that the charge should be changed from a felony (illegal business operation) to a misdemeanor (selling goods with counterfeit registered trademarks). In the end, the court did not support the charge of illegal business operation and found the defendant guilty of selling goods with counterfeit registered trademarks, sentencing him to three years in prison with a three-year probation. Legal provisions applied: the relevant judicial interpretations on the punishment of choosing one felony and the determination of accomplices.

I. Review of the case facts

The most frequently searched questions by the families of the involved parties include: What is the maximum sentence for being caught selling counterfeit cigarettes? What crime will be charged for online sales of counterfeit cigarettes? Is it possible to reduce the prison sentence from more than five years to probation? Recently, Henglu Law FirmLiu LiqiangThe lawyer handled a case involving the crime of illegal business operations: Wang * sold counterfeit cigarettes online through WeChat groups and other channels, with a sales volume of over 400,000 yuan. After the case was discovered, the public security organ initiated an investigation and transferred the case for review and prosecution on the grounds of suspected illegal business operations. The procuratorate filed a public prosecution against Wang * on the grounds of suspected illegal business operations, and the sentencing recommendation was 5 years and 4 months in prison.

During the trial, the lawyer conducted a defense of reducing the charge to a lesser offense. There is room for defense in both the procedural and qualitative aspects of this case: on the one hand, the upstream criminal gang was prosecuted to the court for the crime of producing and selling counterfeit products at the review and prosecution stage; on the other hand, there are multiple possible charges in the whole case, including the crime of producing and selling counterfeit products, the crime of selling goods infringing registered trademarks, and the crime of illegal business operations, among others. According to the law, one of the most serious crimes should be punished. How to secure a lighter conviction and sentencing for the defendant, Wang * , has become the core of the defense.

II. The focus of the case

  • Focus 1: What kind of crime should the entire case be classified as, and what position does the defendant, Wang * , hold in the case?The sentencing differences between the crime of illegal business operations and the crime of selling counterfeit registered trademark products are significant. It is necessary to strive for a light sentence by identifying the accomplices and handling the cases together.
  • Focus II: How to determine the defendant Wang *'s status as an accomplice through procedural operations.Adding charges, trying cases together, and reaching a verdict together are key steps in laying the foundation for the defense of misdemeanors.
  • Focus 3: After the charges are reduced from serious to minor, can the sentencing be significantly reduced or even result in probation?This is the ultimate goal of a defense based on the argument that the crime is not serious enough to warrant punishment.

III. Professional intervention by Hengluo Law Firm

The position of the prosecution (public prosecution organ):The public security organ and the procuratorial organ investigated the defendant, Wang * for his suspected crime of illegal business operations and recommended a sentence of 5 years and 4 months based on this, focusing on the sales amount, the form of the crime, and the social harmfulness.

Hengluo Lawyer's Defense Opinion:Liu LiqiangThe lawyer launched a defense based on the lesser charges of the modified indictment:

  • First, strive to file additional charges and handle cases in a coordinated manner. During the review and prosecution stage, the upstream criminal gang was indicted in court for the crime of producing and selling counterfeit and inferior products. The lawyer suggested that the procuratorial organ file a public prosecution in the form of additional charges to achieve the same trial and handling of cases in court, with the aim of determining the defendant Wang *'s status as an accomplice and laying a procedural foundation for changing the charge to a misdemeanor. The procuratorial organ adopted the suggestion and achieved the joint trial of the cases.
  • II. Strive to convert the serious crime into a minor one. The whole case involves the crimes of producing and selling fake and inferior products, selling goods infringing registered trademarks, and illegal business operations. According to the relevant judicial interpretations, one of the serious crimes shall be punished. Therefore, the procuratorial organ indicted the defendant for the crime of illegal business operations. After the additional prosecution and the joint trial of the case, the entire criminal gang was ultimately identified as committing the crime of selling goods infringing registered trademarks. As an accomplice, the defendant, Wang * was also identified as committing this crime, achieving the effect of giving a light punishment.

IV. Outcome of the case

In the end, the court adopted the defense attorney's viewpoint, did not support the public prosecution organ's accusation that the defendant was suspected of the crime of illegal business operations, and determined that the defendant committed the crime of selling counterfeit registered trademark products. He was sentenced to fixed-term imprisonment of three years and probation for three years, achieving a good defense effect of a sentencing proposal of 5 years and 4 months to a sentence of three years and probation for three years. The defendant, Wang * , was not actually imprisoned, and the defense goal was achieved.

5. Henglu Law Firm's Advice

Criminal cases typically involve several stages, including the pre-incident stage, the investigation stage, the review and prosecution stage, and the trial stage. Hiring a lawyer as early as possible can help maximize and protect legal rights. This case is handled by Beijing Henglu Law Firm.Liu LiqiangThe lawyer (practice license number: 11101200910454358, subject to the document issued by the judicial administrative organ) acted on behalf of the client, and through additional prosecution and defense of changing the charge, successfully converted the serious crime into a minor one and secured probation.

VI. FAQs on Criminal Cases Involving Counterfeit Cigarettes

  1. Q: If someone is caught selling counterfeit cigarettes online, what charges will they typically face?
    A:Common crimes include illegal business operations, selling counterfeit registered trademark products, and producing and selling shoddy products. According to the judicial interpretation, the defendant will be punished for the most serious crime among these offenses. The specific classification of the crime needs to be determined based on the facts of the case and defended by a lawyer.
  2. Q: The sentencing recommendation for selling counterfeit cigarettes is more than five years in prison. Can I get probation instead?
    A:It's possible. By changing the charge to a misdemeanor, pleading guilty to an accomplice, and other mitigating defenses, a felony can be reduced to a misdemeanor and probation can be obtained. In this case, the defendant managed to get a sentence of three years' probation instead of five years and four months in prison.
  3. Q: My family member was criminally detained for selling counterfeit cigarettes. When is the best time to hire a lawyer?
    A:The earlier the better. Intervening in the investigation stage allows lawyers to meet with clients, understand the case, and put forward defense opinions, thereby gaining more time for the subsequent review, prosecution, and trial.
  4. Q: If the upstream gang is prosecuted, can my family members, who are downstream participants, be considered accomplices?
    A:This can be attempted. By implementing procedures such as additional prosecution, joint trial and sentencing for the same case, it can help determine the status of the accomplice, thereby enabling him or her to receive a lighter or mitigated punishment according to the law.
  5. Q: What is the maximum sentence for selling products infringing registered trademarks?
    A:The sentence shall be determined based on the sales amount and other circumstances. For those with a large amount or other serious circumstances, they shall be sentenced to fixed-term imprisonment of not more than three years and may be given a suspended sentence; the specific punishment shall be determined in light of the amount and the person's status.