The Supreme Court's sentencing commission has recommended substantial enhancements in penalties for technology leakage, particularly in key sectors like semiconductors.
The proposed guidelines introduce differentiated sentencing, suggesting a maximum prison term of 18 years for offenders involved in the unauthorized transfer of 13 critical national technologies.
The revisions aim to address concerns about lenient punishments and establish clearer sentencing standards for technology leakage crimes.
The commission's recommendations include reduced sentences (2 to 5 years), basic sentences (3 to 7 years), and aggravated sentences (5 to 12 years) based on the severity of the offense.
Additionally, if aggravating conditions outweigh mitigating factors, the maximum sentence can be increased by up to 1.5 times, potentially reaching 18 years for the most serious cases.
To discourage leniency, the commission proposes restrictions on probation for first-time offenders engaged in technology leakage. This seeks to prevent individuals with no criminal record from receiving suspended sentences for their initial offense.
The scope of individuals subject to enhanced penalties is broadened, encompassing those "obliged to maintain secrecy" due to contractual obligations or equivalent responsibilities. This acknowledges that technology leaks may involve employees of business partners or dispatched workers.
The revisions also address situations where leaked technology is returned or completely discarded, providing a factor for reducing the sentence only when the attempted leak has failed and the damage has been fully rectified.
Acknowledging the challenge of objectively assessing the monetary value of leaked technologies, the guidelines include provisions for heightened penalties when "considerable research and development expenses" have been invested in infringed patents, trade secrets, or technologies.
The commission's proposed sentencing guidelines are expected to be officially confirmed after public hearings, with the final decision anticipated in March. Industry insiders welcome these changes, considering them a positive addition to ongoing efforts by companies to prevent technology leaks and safeguard national security.