[Editor's Note] Anhui procuratorial new media set up a column called "Prosecutors' Stories of Handling Cases", which uses the fresh cases around to explain the cases with details and temperature,Let the people more intuitively and effectively perceive procuratorial work and feel fairness and justice.
This issue is aboutThe real case handled by the Xuancheng Procuratorate of Anhui Province, "Li Gui" products lead out "Neigui".
(Full screen viewing effect is better)
Brief introduction:After leaving the high-tech enterprise, the three post-80s generation tried to steal business secrets with Wang, a core technician of the company, and created "Li Gui" products to pry customers from their old owners.Wang Moumou repented of his failure to take any money, but he was embarrassed. He went astray because of his weak legal awareness. Once he was sued, many of his major projects would be difficult to advance, which would affect the normal operation and development of the murdered enterprise
How to find a balance between "strike" and "protection", Xuancheng People's Procuratorate can actively perform its duties, play a "combination punch", and find out“Optimal solution”！
[Guide]
Company A is a high-tech enterprise in Anhui
January 2021
Millions of projects after several rounds of commercial negotiations
The cooperative company suddenly changed its mind before signing the contract
Cooperated with Company B in Hangzhou
Company A understands
Company B is not only far below
The quotation of our company won the order
And the design of the contract product is actually
The product technical design drawings of Company A are highly consistent
Company A suspects that Company B
Obtaining trade secrets by improper means
After an internal investigation, it was found that
Wang, the core technician, is highly suspected
After company A reports the case
Wang has truthfully confessed to the public security organ
How to go astray
Three persons including Zhu, the actual controller of Company B
Actually, he is a former employee of Company A
After leaving office, they went to Wang for many times
Request technical drawings of Company A
Wang received no benefits
Disclosed company A's trade secrets due to personal reasons
By the time of the crime, company B had used
The acquired technology received three production orders
Direct economic loss of more than 570000 yuan caused to Company A
The case will be transferred in October 2021
The People's Procuratorate of Xuancheng City reviews the prosecution
After accepting the case, the prosecutor visited the murdered enterprise
Actively listen to the legal demands of enterprises
Because Wang is undertaking
Promotion of several major projects of the company
Once a criminal detention or a real sentence is imposed
Will seriously affect the operation of the company
And considering that Wang is just
I was confused and didn't make a profit
So the enterprise issued a letter of understanding for Wang
After comprehensive study and judgment of the case
Xuancheng People's Procuratorate strives to
Seeking balance between "striking" and "protecting"
Decide to divide cases
Commit the crime of infringing trade secrets against Zhu and other three persons
Initiate public prosecution first
No prosecution is proposed for Wang Moumou's suspected infringement of trade secrets
December 2021 Xuancheng People's Procuratorate
Hold a private hearing
5 hearers agreed
The procuratorial organ treats the suspect Wang
Give a relatively non prosecution opinion according to law
January 20, 2022
The court of first instance adopts all the accusation opinions of the procuratorial organ
Crime of infringing trade secrets
Three defendants, Zhu Mou and others, were sentenced respectively
Eight to seven months in prison
Each with a fine of 100000 yuan
Three defendants plead guilty and do not appeal
At present, the judgment has come into force
March 31, 2022
The undertaking prosecutor and his party visited Company A again
Declare the decision not to sue to Wang
And understand Wang's current situation
The working condition of and the operation condition of the enterprise
According to the introduction of the person in charge of the enterprise
During this period, Wang has devoted himself to
Invest in the promotion of the project
After reading the non prosecution statement
Wang said he would work harder
Strive to play a greater role in technical posts
Live up to the cultivation of the company
And the humanistic care of the procuratorial organ