销售假冒注册商标的商品罪停止形态研究

销售假冒注册商标的商品罪具有未遂形态,应以15万元和25万元分别作为本罪未遂数额较大和数额巨大的标准。在既、未遂形态并存时,只要已售部分达到既遂数额标准,就应整体评价为犯罪既遂。既、未遂并存的量刑模式在两部分均符合相应形态数额标准的前提下,应选择性适用先并后定再调整或先定后并二次调整以有利于被告人;在仅有单一部分达到相应形态数额标准时,不应对另一部分仅作为量刑情节考虑。

Study on the Criminal Cessation Pattern about Crime of Selling Commodities Bearing Counterfeited Registered Trademarks

Crime of Selling Commodities Bearing Counterfeited Registered Trademarks has its attempt form.The standard by which to evaluate whether the amount of sales sums up to relatively large or huge should be 150,000 or 250,000 RMB.If a crime consists of both attempt part and accomplished part,it should be considered as entirely the accomplished one as long as the accomplished part meets the least standard of crime.In favor of the defendant,when both parts exist and reach the crime level,sentences should be made according to either rule as sentence after combination with further adjustment,or combination after sentence with twice adjustment.In the situation that only one part meets the crime,sentence shouldn’t be made without considering the other part.