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Departmentof Crime

 

Clients:

 

- Criminal suspect, defendants and theirlegal representatives or close relatives;

- Victims and their legal representativesor close relatives, parties in incidental civil actions and their legalrepresentatives;

- Private prosecutors and theirrepresentatives.

 

Legal Service:

 

- During the process of investigation:

 After the criminal suspect is interrogated byan investigation organ for the first time or from the day on which compulsorymeasures (including forced appearance, being detained, being arrested,residential surveillance and guarantor pending trial) are adopted against him,as a lawyer, we will render the legal service including meeting the criminalsuspect, providing legal advice, applying for obtaining a guarantor pendingtrial, and filing petitions on his behalf.

 

- During the process of examination beforeprosecution:

 Weserve as the defender or representative to examine a case for prosecution,consult, extract and duplicate the judicial documents pertaining to the currentcase, meet and correspond with the criminal suspect in custody, investigate andcollect information pertaining to the current case, and make suggestions of defenseand representation.

 

- During the process of adjudication:

 Weserve as defender for the procedure of first or second instance of a case ofpublic prosecution, and the representative of victims, parties in incidentalcivil actions and private prosecutors.

 

 

Tips:

 

Crimes that may be committed whenestablish, manage and finish a company:

- The crime offalsely reporting the registered capital; the crime of false delivering thecapital contributions or withdraw the capital contributions; the crime ofissuing stocks or corporate bonds with fraud; the crime of providing false financialand accounting report; the crime of interference with liquidation; the crime ofaccepting bribe committed by a employee of a company or enterprise; the crimeof bribing a employee of a company or enterprise; the crime of illegallymanaging the same business; the crime of gaining profits illegally for relatives and friends;the crime of misconducting to be deceived in signing and performing contracts;the crime of committing illegalities for personal gains causing bankruptcy or heavy losses; the crime of committingillegalities for personal gains by convertingstate-owned assets to shares at a low price or selling them at a low price.

 

The legal protection to intellectualproperty right in criminal law in China:

i.     Itis stated crimes of infringing intellectual property right in the Code ofCriminal Law of P.R. China, including a) the crime of counterfeiting registeredtrademark; b) the crime of selling commoditiesbearing counterfeit registered trademarks; c) the crime of forging or withoutauthorization making representations of registered trademarks and the crime ofselling such representations; d) the crime of counterfeiting patents; e) thecrime of infringing copyrights; f) the crime of selling copies infringingcopyrights; g) the crime of infringing business secrets.

 

ii.   Inthe Interpretations by the Supreme People’s Court and the Supreme People’sProcurator ate on Several Issues of Concrete Application of Laws in HandlingCriminal Cases of Infringing Intellectual Property issued on Nov, 11, 2004, itis stated concretely of the sentence of crimes of infringing intellectualproperty rights and support beating such infringement in practice.


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