Legal analysis
Crimes of infringing intellectual property rights are investigated by public security organs, and any criminal cases are generally investigated by public security organs. When it is found that other people's behavior not only infringes on their own intellectual property rights, but also constitutes a criminal offence, they can report the case to the local public security bureau with evidence to prove the infringement crime. Crimes against intellectual property rights are investigated by public security organs, and there may be differences between different types of intellectual property crime investigation departments. Most crimes against intellectual property rights are under the jurisdiction of the economic crime investigation department, while copyright infringement and the sale of infringing copies are under the jurisdiction of the public security management department. Generally speaking, after the infringement of intellectual property rights, the punishment is the civil liability to pay the corresponding compensation to the intellectual property right holder, but if the consequences caused by the infringement are serious, it may be necessary to bear criminal responsibility. Once the infringement reaches the conviction standard, it will inevitably be sentenced to bear the corresponding criminal responsibility. Crimes of copyright infringement are generally investigated by the economic investigation department of the public security organ. However, for the victims of copyright infringement cases, if the circumstances are very serious, they can report directly to the report hall of the public security organ. The penalty for the crime of copyright infringement stipulated in the criminal law is generally three to seven years' imprisonment.
legal ground
Article 3 of the Criminal Procedure Law of People's Republic of China (PRC) is responsible for the investigation, detention, execution and pre-trial of criminal cases. The people's procuratorate shall be responsible for the prosecution, approval of arrest, investigation and prosecution of cases directly accepted by procuratorial organs. The people's court is responsible for the trial. Except as otherwise specified by law, no other organ, organization or individual has the right to exercise these powers. In criminal proceedings, the people's courts, people's procuratorates and public security organs must strictly abide by the relevant provisions of this Law and other laws.
Article 217 of the Criminal Law of People's Republic of China (PRC) * * * commits one of the following acts of infringing copyright or copyright-related rights for the purpose of making profits. If the 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 and shall also or only be fined; If the amount of illegal income 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 10 years, and shall also be fined: (1) Copying and distributing his written works, music, art, audio-visual works, computer software and other works prescribed by laws and administrative regulations to the public through the information network without the permission of the copyright owner; (2) Publishing books with exclusive publishing rights enjoyed by others; (3) Reproduction, distribution and dissemination of audio and video products made by the producer to the public through the information network without the permission of the producer; (4) Reproduction and distribution of audio and video products of their performances without the permission of performers, or dissemination of their performances to the public through information networks; (five) the production and sale of counterfeit works of art; (6) Technical measures taken to intentionally avoid or destroy the copyright to protect the copyright or copyright-related rights of his works, audio-visual products, etc. Without the permission of the copyright owner or the copyright-related obligee.