1. What are the punishment standards for copyright infringement
According to the Criminal Law "Article 217 stipulates that the crime of copyright infringement shall be sentenced based on the amount of illegal income or the circumstances. Only when the illegal income reaches a certain amount or the circumstances are of a certain seriousness can the crime of "copyright infringement" be constituted. There are two sentencing standards for the crime of copyright infringement:
1. If the amount of illegal income is relatively large or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and or a fine alone;
2. If the amount of illegal gains is huge or there are other particularly serious circumstances, 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. Sentenced to fixed-term imprisonment of not more than three years or criminal detention The situation is based on Article 5 of the "Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Intellectual Property Infringement" promulgated in 2004 (hereinafter referred to as the Interpretation): "For the purpose of profit, the implementation of Article 200 of the Criminal Law For one of the copyright infringement acts listed in Article 17, if the amount of illegal income is more than 30,000 yuan, it belongs to "the amount of illegal income is relatively large"; if there is any of the following circumstances, it belongs to "there are other serious circumstances" and should be treated as copyright infringement The crime shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined:
(1) The illegal business amount is more than 50,000 yuan;
(2) Reproduction and distribution of written works, music, movies, television, video works, computer software and other works without the permission of the copyright owner. The total number of copies is one More than 1,000 pieces (copies);
(3) Other serious circumstances. To briefly summarize the above provisions, the amount of illegal income is more than 30,000 yuan, or illegal Whoever has a turnover of more than 50,000 yuan and copies more than 1,000 infringing discs shall be sentenced to fixed-term imprisonment of not more than three years or detention.service.
2. Situations in which a person is sentenced to fixed-term imprisonment of less than seven years One of the acts, if the amount of illegal gains is more than 150,000 yuan, it is a "huge amount of illegal gains"; if one of the following circumstances occurs, it is "there are other particularly serious circumstances" and should be sentenced to not less than three years and seven years for the crime of copyright infringement The following are subject to fixed-term imprisonment and fines:
(1) The illegal business amount exceeds 250,000 yuan;
(2) Reproduction and distribution of written works, music, movies, television, video works, computer software and other works without the permission of the copyright owner, and the total number of copies exceeds 5,000 copies (copies) ;
(3) Other particularly serious circumstances. To briefly summarize the above provisions, the amount of the illegal business is more than 150,000 yuan, or the illegal business amount is more than 20,000 yuan. If the amount exceeds 150,000 yuan and more than 5,000 infringing discs are copied, the person may be sentenced to fixed-term imprisonment of not more than seven years.
2. What is criminal defense? When is the best time to hire a lawyer?
As for criminal cases, many people wait until the court session before hiring a criminal lawyer to defend them. , but in fact, criminal cases are divided into three stages: the public security investigation stage, the procuratorate prosecution stage, and the court trial stage.
1. During the public security investigation stage, the parties are criminally detained After that, it is impossible to contact the outside world. Only lawyers can meet with suspects in the detention center to understand the suspect's situation and provide the suspect with necessary legal advice.
2 , the lawyer handles the bail pending trial for the client. At the procuratorate stage, the lawyer can review the copied case file materials during the review stage, find out evidence favorable to the suspect from the case file materials, and form his own defense opinions. The lawyer can submit his or her own case file to the prosecutor's office. Defend opinions and seek a decision from the prosecutorial office not to prosecute.
3. During the court judgment stage, lawyers can communicate with the judge and combine the law with the collected evidence and materials. It stipulates that the parties seek a lighter or innocent sentence.
Generally speaking, lawyers should be hired at the three stages of the public security investigation stage, the procuratorate prosecution stage, and the court trial stage. The effect is diminishing, and the penaltyThe earlier you hire a lawyer, the more advantageous it will be. If a family member is involved in a criminal case, if financial conditions permit, it is still recommended to find a criminal lawyer to handle it.
The above is compiled for you by the editor of Legal Savior.com, and related content about the punishment standards for copyright infringement. I hope it will be helpful to you. If you have other legal-related questions, welcome to the Legal Savior Network for online legal consultation. There are professional lawyers here to provide you with answers. I wish you a happy life!
No comments yet. Say something...