1. Will the crime of infringement of trade secrets be severely punished
1. If the criminal's criminal behavior constitutes the crime of infringement of trade secrets, he will generally be sentenced to fixed-term imprisonment of not more than three years by the people's court. If there is any behavior such as theft, bribery, fraud, coercion, electronic intrusion or other improper means to obtain the business secrets of the right holder, the person shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
2. Legal basis: "Criminal Law of the People's Republic of China"
210 Article 9 Whoever commits one of the following acts of infringing on trade secrets, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, and concurrently or solely with a fine; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, and shall also be fined:
(1) Obtaining the right holder’s business secrets through theft, bribery, fraud, coercion, electronic intrusion or other improper means;
(2) Disclosing, using or allowing others to use the business secrets of the right holder obtained through the means mentioned in the preceding paragraph;
(3) ) Violates the obligation of confidentiality or violates the right holder's requirements for keeping trade secrets by disclosing, using or allowing others to use the trade secrets in his possession.
Whoever knowingly obtains, discloses, uses or allows others to use the trade secrets listed in the preceding paragraph shall be deemed to have infringed the trade secret theory.
The rights holder mentioned in this article refers to the owner of the trade secret and the user of the trade secret with the permission of the owner of the trade secret.
2. What are the constituent elements of the crime of infringement of trade secrets
1. Objective elements
The act of infringement of trade secrets has been objectively committed and the right to People caused heavy losses.
2. Object Requirements
The object infringed by this crime is the right to trade secrets (trade secrets) The legitimate rights and interests of the right holder in trade secrets) and the normal and orderly market economic order protected by the state.
3. Subject requirements
The subject of this crime is a general subject. Any natural person who has reached the age of criminal responsibility and has the ability to take responsibility can constitute this crime. According to the provisions of Article 220 of the Criminal Law, units can also constitute the subject of this crime. If a unit commits this crime, the person directly in charge and other directly responsible personnel shall be held criminally responsible in accordance with the provisions of this article.
4. Subjective elements
The subjective aspect of this crime can only be intentional, that is, behavior People consciously infringe on trade secrets through various means. Negligence does not constitute this crime. As for the motivation of the perpetrator to commit the crime, it does not affect the establishment of the crime, but is only a factor that can be considered when sentencing.
In criminal cases of infringement of trade secrets, the company's "insider" uses improper means to obtain, or discloses to others, or violates confidentiality requirements and discloses it to the public, which is an infringement. The most common situation for corporate trade secrets. It can be said that the crime of infringement of trade secrets is a criminal crime with a high incidence rate among the criminal risks faced by company employees in the process of performing their duties. 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 website to consult a professional lawyer.
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