Success against the odds for our criminal enforcement team
Successfully appealing an effective judicial decision in criminal proceeding is not an everyday event but our criminal enforcement team in China has done just that.
Our client, a leading global manufacturer of outdoor power products, came to us after their previous lawyers were unable to secure a conviction against a habitual counterfeiter in eastern China– The local People's Procuratorate ("PP") issued a decision not to prosecute the counterfeiter and the client decided to file petition to the Provincial PP.
The case centred around “semi-finished products” – how they could be defined and how they could be considered when gauging the extent of a counterfeiting operation. In addition, the team also needed to work out how they could influence a prosecutor to take action when a decision against it had already been taken.
Led by Donnie Wang, our team cooperated closely with the responsible prosecutors of the Provincial PP offering our expertise and support when it came time for them to review the case and reconsider the earlier decision made by the lower level PP.
While the subsequent decision from the Provincial PP went in our client’s favour, we were surprised to learn that the judge in the matter made what we considered to be unreasonable requests in relation to the evidence presented. However, we again provided our support and exerted enough pressure on the authorities to get the conviction our clients several months later.