1. Standards for filing cases of crimes of infringement of trade secrets
1. "Supreme Article 73 of the Provisions of the People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (2) stipulates: If a trade secret is infringed upon and is suspected of one of the following circumstances, a case shall be filed for prosecution: Causes losses to the right holder of the trade secret The amount is more than RMB 500,000; the amount of illegal gains from infringement of trade secrets is more than RMB 500,000; causing the trade secret obligee to go bankrupt; other circumstances that cause significant losses to the trade secret obligee.
2. Legal basis: Article 219 of the "Criminal Law of the People's Republic of China": Yes Anyone who commits one of the following infringements of trade secrets and causes 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 concurrently or solely to a fine; if the consequences are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. , and shall be fined:Obtaining the right holder's trade secrets through theft, inducement, coercion or other unfair means;Disclosing, using or allowing others to use the right holder’s business secrets obtained by means of the previous paragraph;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. Anyone who knowingly or should have known about the acts listed in the preceding paragraph and obtaining, using or disclosing the trade secrets of others shall be deemed to have infringed the trade secrets.
1. Should the crime of infringement of trade secrets require immediate arrest?
Whether to arrest a suspect for the crime of infringement of trade secrets depends on the specific circumstances of the case. If the arrest conditions are met, a request for arrest can be made to the procuratorate. It is possible to commit new crimes; there is a real danger of endangering national security, public safety or social order; it is possible to destroy or falsify evidence, interfere with witnesses' testimony or collude with confessions; it is possible to retaliate against victims, whistleblowers, and accusers; it is possible to attempt to retaliate against victims, informants, and accusers; Suicide or running away.
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