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Can compensation for the crime of counterfeit trademark goods be settled with the plaintiff?

Answer: If the plaintiff agrees, the compensation for the crime of counterfeit trademark goods can be settled with the plaintiff.

Legal basis: According to the "Judicial Interpretation of the Criminal Procedure Law"

Article 496 For public prosecution cases that comply with the provisions of Article 277 of the Criminal Procedure Law, the facts If the case is clear and the evidence is sufficient, the People's Court shall inform the parties that they can reconcile on their own; if the parties apply, the People's Court may preside over negotiations between the parties to reach a settlement.

Based on the circumstances of the case, the People's Court may invite people's mediators, defenders, litigation agents, relatives and friends of the parties, etc. to participate in promoting reconciliation between the parties.

The Article 501 settlement agreement shall include the following contents:

(1) The defendant admits the crime he committed, has no objection to the facts of the crime, and sincerely regrets his guilt;< /p>

(2) The defendant obtains the victim’s understanding by apologizing to the victim, compensating for losses, etc.; if compensation for losses is involved, the amount, method, etc. of compensation shall be stated; if an incidental civil lawsuit is filed, the incidental civil lawsuit shall be The plaintiff withdraws the attached civil lawsuit;

(3) The victim voluntarily reconciles and requests or agrees to give the defendant a lenient punishment in accordance with the law.

The settlement agreement shall be signed by both parties and the judges, but shall not be stamped with the seal of the People's Court.

The settlement agreement shall be made in triplicate, with each party holding one copy and the other copy submitted to the People's Court for record.

If both parties require confidentiality of the content of compensation for losses in the settlement agreement, the people's court shall allow it and take corresponding confidentiality measures.

Article 502: The defendant shall perform the compensation for losses stipulated in the settlement agreement immediately after the agreement is signed.

If the settlement agreement has been fully performed and the parties regret it, the people's court will not support it, unless there is evidence to prove that the settlement violates the principles of voluntariness and legality.

Article 503: If the two parties have reached a settlement agreement and fully performed it during the investigation, review and prosecution period, and the victim or his legal representative or close relatives file an incidental civil lawsuit, the people's court will not accept it. , except where there is evidence that the settlement violates the principles of voluntariness and legality.