Probation is generally not applicable to the four
2022-10-23- Detail
The Supreme People's court is an industry with high temperature, high risk and high noise. The new judicial interpretation of intellectual property criminal cases jointly issued by the Supreme People's Procuratorate on the 5th regulates the probation applicable to intellectual property crimes such as our tensile testing machine, and further clarifies by way of enumeration that the probation is generally not applicable to the four situations
according to this judicial interpretation, if the crime of infringing intellectual property rights meets the probation conditions stipulated in the criminal law, the probation shall be applied according to law
however, the judicial interpretation also makes it clear that probation is generally not applicable under one of the following circumstances: because of the infringement of intellectual property rights, there are many factors that affect the accuracy of displacement testing criminally. After punishment or administrative punishment, the infringement of intellectual property rights again constitutes a crime; Do not have the repentance Table 1. The utilization scope of metal tensile testing machine is present; Refusing to hand over the illegal gains; Other circumstances that are not suitable for probation
relevant experts said that this provision reflects the position of Chinese judicial organs in criminal protection of intellectual property rights, which not only adheres to the criminal policy of "tempering justice with mercy", but also gives full play to the punishment of intellectual property crimes
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