Criminal law infringes on commerce How to sentence the crime of secret crime
1. Whoever causes heavy losses to the right holder of a trade secret shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall be fined concurrently or solely. Gold;
2. Causing 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.
Legal basis:
《 Criminal Law of the People's Republic of China
210 Article 9 [Crime of Infringement of Trade Secrets] Whoever commits any of the following acts of infringing on trade secrets and causes heavy losses to the right holder of the trade secret shall be sentenced to three years in prison:The following fixed-term imprisonment or criminal detention, together with or solely a fine; where particularly serious consequences are caused, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and also a fine:
(1) Obtaining the right holder’s trade secrets through theft, inducement, coercion or other unfair means;
(2) Disclose, use or allow others to use the information obtained by the previous paragraph The right holder’s trade secret;
(3) Violate the agreement or the obligee's requirement to keep trade secrets by disclosing, using or allowing others to use the trade secrets in his possession.
Knowing or should have known about the acts listed in the preceding paragraph, Obtaining, using or disclosing other people's trade secrets shall be considered as infringement of trade secrets.
Trade secrets as mentioned in this article refer to information not intended for Technical information and business information that is known to the public, can bring economic benefits to the right holder, is practical and has been kept confidential by the right holder.
The right holder mentioned in this article refers to the business secret The owner of the trade secret and the trade secret user with the permission of the trade secret owner.
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