(2) Whoever counterfeits a registered trademark and sells goods with counterfeit registered trademarks shall be convicted and punished for the crime of counterfeiting a registered trademark.
Anyone who forges money and uses it can be understood as an absorption crime.
Absorption has the following three situations:
(1) Value behavior over behavior. Pay more attention to behavior, which refers to both the degree and the nature of behavior. When there are serious crimes in the present and the future, according to the principle that felony absorbs misdemeanor, light behavior is absorbed by heavy behavior.
(two) the implementation of behavior absorption preparatory behavior, preparatory behavior is the necessary stage of the implementation of behavior, first preparatory behavior, then the implementation of behavior, preparatory behavior is absorbed by the implementation of behavior.
(3) The main behavior absorbs the subordinate behavior. Slave behavior is an auxiliary behavior of the main behavior, and it is a secondary behavior. Generally, there is a subordinate behavior first, and then when the main behavior is implemented, the subordinate behavior is absorbed by the main behavior. The crime of absorption is punished according to the crime constituted by absorption behavior, and the principle of combined punishment for several crimes is not applicable.
The difference between implicated crime and absorbed crime
1, the criminal nature of several acts is different. Several behaviors of implicated offender violate different charges and are crimes of different nature. Several acts of absorption crime violate the same crime, which is a crime of the same nature.
2. The meaning of the relationship between numbers is different. There is an implicative relationship between several behaviors of implicated offender. Specifically, the implicative relationship is the relationship between means and purpose, and between cause and result. In essence, the implicated relationship is also an absorbing relationship. But this is a punishment absorption relationship, not a crime absorption, and the absorbed crime still exists independently. The relationship between the acts of absorbing the number of crimes is an absorption relationship, which is an absorption crime, and the absorbed crime no longer exists.
3, the specific performance of behavior is different. The quantitative behavior of implicated offender is manifested as means behavior, purpose behavior and result behavior. Several behaviors of absorption crime are shown as preparation behavior, attempted behavior, implementation behavior, suspension behavior, organization behavior, instigation behavior and help behavior.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: People's Republic of China (PRC) Criminal Law.
Article 69 For those who have committed several crimes before the judgment is pronounced, the execution period shall be decided as appropriate, except for the death penalty and life imprisonment, but the maximum period of public surveillance shall not exceed three years, criminal detention shall not exceed one year, fixed-term imprisonment shall not exceed 20 years if the total is less than 35 years, and it shall not exceed 25 years if the total is more than 35 years. Whoever is sentenced to fixed-term imprisonment or criminal detention for several crimes shall be sentenced to fixed-term imprisonment. Some crimes are sentenced to fixed-term imprisonment and public surveillance, or criminal detention and public surveillance. After the execution of fixed-term imprisonment or criminal detention, public surveillance must still be carried out. If several crimes are combined, the additional punishment must still be executed. Among them, those with the same kind of supplementary punishment shall be executed jointly, and those with different kinds shall be executed separately.
Article 171 Whoever buys or sells counterfeit money or knowingly transports it shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; If the amount is especially huge, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or his property shall be confiscated.
Article 171, paragraph 3, whoever forges money, sells or transports counterfeit money shall be convicted and given a heavier punishment in accordance with the provisions of Article 170 of this Law.