The actor who commits the crime of counterfeiting a registered trademark can apply probation, but he must meet the following conditions: First, he is sentenced to fixed-term imprisonment of not more than three years; Secondly, criminals should show real repentance; And the circumstances of the crime need to be lighter; In addition, it must be assessed that criminals are not in danger of committing crimes again; Finally, the announcement of probation cannot have a significant adverse impact on the community where he lives. If the amount of crime is large, such as 400 thousand, it is usually considered that the circumstances are particularly serious. At this time, you may be sentenced to fixed-term imprisonment of more than three years and less than seven years, and fined. In this case, probation is generally not applicable. Therefore, whether probation can be granted depends on the specific case and the court's ruling.
Legal consequences of the crime of counterfeiting trademarks;
1. Criminal responsibility: According to the Criminal Law of People's Republic of China (PRC), acts of counterfeiting registered trademarks may face criminal penalties, including criminal detention, fixed-term imprisonment and fines;
2. Civil liability: infringement of trademark rights may lead to civil litigation, demanding to stop the infringement and compensate for the losses;
3. Administrative responsibility: administrative organs can investigate and deal with trademark counterfeiting, including confiscation of illegal income and fines;
4. Loss of reputation: enterprises or individuals are sentenced or fined for the crime of counterfeiting trademarks, which may have a serious impact on their goodwill;
5. Market restriction: Products involving counterfeit trademarks may be prohibited from being sold by the market supervision department, which will affect the market operation of enterprises.
To sum up, the probation probability of the crime of counterfeiting trademarks depends on the specific circumstances, including the length of fixed-term imprisonment, the performance of the crime with no regrets, the severity of the crime, the risk assessment of recidivism, and the influence of the living community. Generally speaking, probation does not apply to cases with a large amount of crime. Therefore, whether probation can be given or not needs to be determined according to specific cases and court rulings.
Legal basis:
Criminal law of the people's Republic of China
Article 2 13
Whoever uses a trademark identical to its registered trademark on the same commodity without the permission of the owner of the registered trademark, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention 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 seven years and shall also be fined.