Tracing the case of Tencent suing Laoganma: Why did the procuratorial organs intervene in advance?

category:Internet
 Tracing the case of Tencent suing Laoganma: Why did the procuratorial organs intervene in advance?


In the past two days, Tencents lawsuit against Laoganma has become a hot spot in the whole network. Today (July 3), the case has made new progress.

Today (July 3rd) afternoon, the Nanming District Peoples Procuratorate in Guiyang issued official news on official micro-blog and WeChat public numbers, indicating that the procuratorial organs were involved in the counterfeiting of seals by the old godmother company in accordance with the law. This is also the official account of the latest progress.

The procuratorate said that they attached great importance to the case and immediately assigned prosecutors to intervene in advance, understand the case and guide the investigation.

Why should procuratorial organs intervene in advance? The reporter contacted the peoples Procuratorate of Nanming District of Guiyang city at the first time.

Guizhou Nanming peoples Procuratorate

Intervene in the case of Lao Ganmas official seal being forged in advance

According to the staff of Nanming District Peoples Procuratorate of Guiyang City, procuratorial organs can intervene in advance mainly in accordance with Article 129 of the constitution, article 85 of the criminal procedure law, and articles 361 and 567 of the criminal procedure rules of the peoples Procuratorate. That is to say, when the peoples Procuratorate considers it necessary to do so, it can send personnel to intervene in the investigation activities in time, put forward opinions on the application of law to the collection of evidence, and supervise the legality of the investigation activities.

From June 30, Laoganma company issued a statement saying that it had never conducted any commercial cooperation with Tencent and had reported the case to Guiyang police. Within three days, Shuanglong branch of Guiyang Public Security Bureau has taken compulsory measures against three suspects, and the peoples Procuratorate of Nanming District of Guiyang city has intervened in advance.

So, what will the procuratorial organs do in the investigation stage?

The staff of Nanming District Peoples Procuratorate of Guiyang city said that in the early intervention stage, the procuratorial organ has no investigative power. According to the understanding of the law, it is to put forward some procuratorial suggestions for the direction of public security organs to collect evidence.

Lawyer: advance intervention of procuratorial organs is beneficial to fairness and justice

Tencent and Laoganma, two famous companies, are involved in civil and criminal cases in order to spend more than 16 million yuan on advertising, and there are still many legal issues in the fermentation.

What influence will the procuratorial organs early intervention have on the development of the case? Is this good news for Lao Ganma and Tencent?

Lawyer Jin Yan: usually, the public security organs of the procuratorate have basically completed the investigation and approval when submitting the arrest application. Now, it is more beneficial to investigate the case and standardize the handling of the case, which is a good thing for everyone.

The reporter also contacted Lao Ganma and Tencent. Both sides said that the case is still in the process of police trial, so it is not convenient to make further reply.

In addition, the recent practice of freezing Laoganmas property of 16.24 million yuan by the peoples Court of Nanshan District in Shenzhen has also attracted a lot of controversy. Is this practice legal and compliant?

Lawyer Chen Tong: according to the provisions of the civil procedure law, Tencent company, as the plaintiff, has the right to apply for property preservation to the defendant Laoganma company, and Tencent will provide sufficient guarantee to the court when applying for property preservation.

If the final result of the case adjudicates Tencent to lose the lawsuit, as an old Ganma company, if it thinks that Tencent has taken protective measures to damage its rights and interests, it can also claim compensation from Tencent.

Moreover, during the period when the property of Laoganma company is frozen, if the interest corresponding to the deposit is involved, it still belongs to Laoganma company.

Tencent becoming a hot topic

Multi brand marketing

It is not only a legal issue that this incident has triggered heated discussion. In recent days, there have been a number of ridicule videos related to the event circulating on social media, which has also become a good opportunity for some companies to rub hot spots and do marketing.

On the microblog home page, Tencent has sent out 1000 bottles of old Ganma for clues. On bilibilibili, Tencents official up has been watching more than 5 million times, triggering heated discussions.

Not only did Tencent carry out a series of crisis public relations on new media, but also various Internet companies participated in the event. It can be said that it let many people rub hot spots.

From Alipays world, there are no fake chapters, to Baidus and I have no melon, from Sunings ready goods to Taobaos old godmother live broadcast. In recent days, many Internet companies have participated in this event, taking the opportunity to do a batch of advertising marketing.

In addition, Lao Ganma has been on the hot search of home appliance manufacturers again. The data obtained from Jingdong shows that, as of 15:15 on July 2, the search volume increased by 600% year-on-year, and the turnover increased by more than 200%; in addition, in the evening of July 1, a number of chili sauces on her own flagship store were sold out.

Source: CCTV Financial Editor: Zhang Zutao_ NT5054