Sentencing for completed crime of infringement of trade secrets

The sentencing provisions for the crime of infringement of Trade secrets are as follows: A natural person who commits this crime 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 and not more than seven years, and shall also be fined Jin; Regarding the issue of sentencing for the crime of infringement of trade secrets, the editor of Legal Savior Network will answer it in detail for you below.

1. Sentencing for completed crime of infringement of trade secrets

1. The sentencing provisions for the crime of infringement of trade secrets are as follows:

(1) If a natural person commits this crime, he shall be sentenced to a fixed term of not more than three years Imprisonment or criminal detention, and concurrently or solely a fine;

(2) 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

(3) If a unit commits this crime, the unit shall be fined, and the person directly in charge and other directly responsible personnel shall be fined according to the above Specify penalties.

2. Legal basis:

"Criminal Law of the People's Republic of China" 210 Paragraphs 1 and 2 of Article 9, obtaining the right holder's trade secrets through theft, inducement, coercion or other improper means, causing serious consequences to the right holder of the trade secret Those who cause losses 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, they shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and shall also be fined.

Whoever knowingly or should have known about the acts listed in the preceding paragraph and obtains, uses or discloses the trade secrets of others shall be deemed to have infringed the trade secrets.

"Criminal Law of the People's Republic of China"Article 220, If a unit commits the crimes stipulated in Articles 213 to 219 of this section, the unit shall be fined, and the person in charge and other persons directly responsible for the unit shall be fined. Responsible personnel, in accordance with thisThe penalties specified in each section of this section shall be punished.

2. What are the acts of infringement of trade secrets

Obtaining rights through theft, inducement, coercion or other unfair means Human trade secrets. Among them, theft refers to the act of secretly stealing a trade secret by a method that one believes will not be discovered by the owner, user, custodian, etc..

What is stolen can be an original or a copy, or He copied it in a secret way, such as secretly photographing, secretly recording, etc. Inducement refers to the use of high salary, money, materials, working conditions, help in settling household registration, job transfer, employment, study, study abroad and other material or material benefits, or even female sex, etc. as bait to make partners, custodians, insiders who know the trade secrets Others disclose business secrets to them, such as providing originals or copies, and informing them of the contents orally or in writing. Coercion refers to threatening and intimidating people with life, body injury, harm to relatives, destruction of property, disclosure of privacy, damage to reputation, dismissal from office, deduction of wages, dismissal from work, etc., so as to cause those who are familiar with trade secrets to disclose trade secrets to them. As for other unfair means, it refers to unfair means such as robbery, theft, and fraud other than the above-mentioned theft, inducement, and coercion.

I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior Network for professional consultation lawyer.