1. How to sentence the crime of infringement of trade secrets under criminal law
1. Infringement under criminal law The penalty for the crime of trade secrets is fixed-term imprisonment of not more than three years or criminal detention, and either a fine alone, or fixed-term imprisonment of not less than three years but not more than seven years, and a fine. If a unit commits this crime, it shall be fined, and its directly responsible supervisor and other directly responsible personnel shall be punished in accordance with regulations.
2. Legal basis:
"Criminal Law of the People's Republic of China" 210 Article 9 Whoever commits one of the following acts of infringing on trade secrets, causing heavy losses to the right holder of the trade secrets, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined; if the consequences are particularly serious, he shall be sentenced to not less than three years and seven years. The following shall be punished with fixed-term imprisonment and shall also be subject to a fine:
(1) Obtaining the right holder’s business secrets through theft, inducement, coercion or other unfair means;
(2) Disclosing, using or allowing others to use the right holder’s business secrets obtained by means of the previous paragraph;
(3) Violate the agreement or the obligee's requirement to keep business secrets, disclose, use or allow others to use the business secrets in his possession.
Whoever knowingly or should have known about the acts listed in the preceding paragraph, obtains, uses or discloses the trade secrets of others shall be deemed to have infringed the trade secrets.
2. What are the conditions for filing a case for the crime of infringement of trade secrets
1. It must be an act that constitutes a crime in accordance with the provisions of the criminal law, that is, a case must be filed for investigation. Criminal acts refer to behaviors that violate criminal laws and are subject to criminal penalties and endanger society. Criminal cases should and can only be filed against crimes If there are no criminal facts, or if it is not considered a crime according to Article 15 of the Criminal Procedure Law, the case should not be filed. Since the filing of a criminal case is the beginning of criminal proceedings to investigate the crime, the existence of criminal facts at this time does not mean The requirements are very detailed and specific. In cases of infringement of trade secrets, the existence of criminal facts refers to the fact that there has been a criminal act that caused losses of more than 500,000 yuan in infringement of trade secrets. As for the process of the crime, the specific circumstances, etc., it is difficult to fully complete the case when filing the case. To clarify, these problems can be solved through investigation or trial activities after the case is filed. Of course, providing more information on criminal facts will also help the legal authorities decide whether to accept the case.
2. There must be certain evidence and materials to prove that the crime has occurred. This means that the crime has indeed existed, including the crime has existed, is in progress, and is being prepared. There must be certain factual materials to prove that the crime has indeed occurred, and you cannot say it without evidence. The filing of a criminal case for trade secrets is only the initial stage of criminal proceedings. At this stage, complete evidence of infringement cannot be required, but it must be There is certain evidence to prove that the crime has indeed occurred, and in actual cases, infringing products have been provided to prove that the crime has occurred.
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