The amount of counterfeit trademarks reached 6, yuan, which, according to the relevant judicial interpretation, is particularly serious, and the statutory penalty is more than three years, so probation is not applicable.
Legal basis: Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Infringement of Intellectual Property Rights Article 1 If a trademark identical to its registered trademark is used on the same commodity without the permission of the owner of the registered trademark, it is a "serious case" as stipulated in Article 213 of the Criminal Law, and it shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention for the crime of counterfeiting a registered trademark, with or without a fine:
(1)
(2) counterfeiting two or more registered trademarks, with an illegal business amount of more than 3, yuan or an illegal income of more than 2, yuan;
(3) Other serious circumstances.
In any of the following circumstances, it belongs to "especially serious circumstances" as stipulated in Article 213 of the Criminal Law, and shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years for the crime of counterfeiting a registered trademark, and shall also be fined:
(1) The amount of illegal business operation is more than 25, yuan or the amount of illegal income is more than 15, yuan;
(2) counterfeiting two or more registered trademarks, with an illegal business amount of more than 15, yuan or an illegal income of more than 1, yuan;
(3) Other particularly serious circumstances.
Article 72 of the Criminal Law of the People's Republic of China may be suspended if a criminal sentenced to criminal detention or fixed-term imprisonment of not more than three years meets the following conditions at the same time, and suspended sentences shall be announced for those under the age of 18, pregnant women and those who have reached the age of 75:
(1) The circumstances of the crime are relatively minor;
(2) showing repentance;
(3) There is no danger of committing another crime;
(4) The announcement of probation has no significant adverse effects on the community where you live.
Probation can be announced according to the situation of the crime, and at the same time, criminals are prohibited from engaging in specific activities, entering specific areas, places and contacting specific people during the probation period of probation.
if a criminal who has been suspended is sentenced to additional punishment, the additional punishment must still be executed.
Article 213 of the Criminal Law of the People's Republic of China uses the same trademark as its registered trademark on the same commodity or service without the permission of the owner of the registered trademark, and if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years and shall also or shall only be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined.