1. What are the constituent elements of the crime of infringement of trade secrets
1. The constituent elements of the crime of infringement of trade secrets include: the subject is a general subject; the object is trade secret rights and the normal and orderly market economic order protected by the state; the subjective aspect is intentional; the objective aspect is that the behavior is an infringement of trade secrets, Cause heavy losses to the right holder of the trade secret.
2. Legal basis:
According to Article 211 of the Criminal Law of the People's Republic of China Article 19 stipulates:
Whoever commits any of the following acts of infringement of trade secrets 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 concurrently or solely with a fine; 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:
(1) With Stealing, inducement, coercion or other improper means to obtain the right holder’s business secrets;
(2) Disclosing, using or allowing others to use the means obtained in the preceding paragraph; The right holder’s trade secrets;
(3) Violating the agreement or violating the right holder’s requirements for keeping trade secrets, disclosing, using or allowing others to use the information in his possession of trade secrets.
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 evidence is required for the crime of trade secrets
The following evidence can be collected:
1. Evidence of having some kind of business secret or technical secret.
2. Illegal acquisition, disclosure, and use of the business secret without the plaintiff’s permission or evidence of technical secrets.
Evidence includes the following types: documentary evidence; physical evidence; audio-visual materials; witness testimony; Statements of the parties; appraisal conclusions; inspection records. 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 to consult a professional lawyer.