The Impact of Criminal Inducements and Controlled Deliveries on the Conviction of Business Secret Infringement Offences

(By Wu Pengbin)  1. Introduction

I was the defense counsel of this case, in which the defendant was induced to conduct an illicit transaction and involved in a controlled delivery. The case facts are summarized as follows:

The defendant, Mr. Zheng resigned from his employment as an engineer from the informant, Sany Heavy Industry Co., Ltd. (referred to as ‘SANY’ hereafter) two years ago before the crime was committed. As charged by the People’s Procuratorate of Fengxian District, Mr. Zheng sold SANY’s technical drawings he illicitly obtained to ‘Mr. Zhou’, who paid in cash for the sale (at the price of RMB 700,000), and was caught red-handed by the police of Fengxian Public Security Bureau. The drawings sold by Mr. Zheng was recognized to be business confidential and worth about RMB 800,000.

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