1. How does the current criminal law provide for sentencing for the crime of infringement of trade secrets
1. Criminals who commit the crime of infringing on trade secrets shall, in accordance with the provisions of the Criminal Law, be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and concurrently or solely with a fine; those who cause particularly serious consequences shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined gold.
2. Legal basis: Article 219 of the "Criminal Law of the People's Republic of China". The crime of infringement of trade secrets includes one of the following acts of infringement of trade secrets. If the owner of a trade secret causes serious losses, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined; if particularly serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and shall also be fined:
(1) Obtaining the right holder’s business secrets through theft, inducement, coercion or other improper means;
(2) Disclosing, using or allowing others to use the right holder's business secrets obtained by means of the previous paragraph;
(3) Violating the agreement or violating the right holder Regarding the requirements for keeping trade secrets, disclose, use or allow others to use the trade secrets in their possession.
2. What is the analysis of conviction and sentencing for the crime of infringement of trade secrets
Trade secrets refer to technical information and information that are not known to the public, can bring economic benefits to the right holder, are practical, and have been kept secret by the right holder. Business information. Anyone who infringes upon a trade secret and causes heavy losses to the right holder of the trade secret shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and may also be fined; if particularly serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. .
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