Investigation and handling measures of leakage cases
chapter three
Article 17 stipulates that all materials that can be used to prove the facts of a case are evidence. Evidence includes:
1, physical evidence;
2. Written evidence;
3. witness testimony;
4. Statements of the parties to the case;
5. Audio-visual materials and electronic data;
6. Confidential inspection, inspection records and technical verification reports;
7. Confidentiality certificate.
Second, what are the consequences of revealing the company's business secrets?
1. The responsibilities for disclosing the company's business secrets mainly include civil liability, administrative liability and criminal liability.
2, the legal basis for disclosure of trade secrets:
(1) Article 2 19 of the Criminal Law of People's Republic of China (PRC).
Whoever commits one of the following acts of infringing on trade secrets and causes heavy losses to the holder of trade secrets shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined; Whoever causes especially serious consequences 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) Obtaining the business secrets of the obligee by theft, inducement, coercion or other improper means;
(2) disclosing, using or allowing others to use the business secrets of the obligee obtained by means of the preceding paragraph;
(3) disclosing, using or allowing others to use the business secrets in their possession in violation of the agreement or the requirements of the obligee to keep the business secrets.
Anyone who knows or should know the acts listed in the preceding paragraph and obtains, uses or discloses other people's trade secrets shall be regarded as infringing on trade secrets. The term "business secrets" as mentioned in this article refers to technical information and business information that are not known to the public, can bring economic benefits to the obligee, are practical and are kept confidential by the obligee. The obligee mentioned in this article refers to the owner of the business secret and the user of the business secret with the permission of the owner.
(2) Article 7 of the Interpretation 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 Infringement of Intellectual Property Rights.
One of the acts stipulated in Article 219 of the Criminal Law, which causes losses of more than 500,000 yuan to the holder of trade secrets, is classified as "causing heavy losses to the holder of trade secrets", and is sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined. Those who have caused losses of more than 2.5 million yuan to the obligee of trade secrets belong to "especially serious consequences" as stipulated in Article 219 of the Criminal Law, and shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and fined for the crime of infringing trade secrets.
You can learn from the content of this article, so as to prepare the corresponding evidence when dealing with the leak, protect the legitimate rights and interests, and let the leaker be punished by law. Therefore, evidence is very important in legal proceedings, and the law pays attention to evidence. Please consult a professional lawyer if you have any other questions.