1. Cybercrime refers to the general term for the perpetrator to use computer technology to attack his system or information, destroy or use the network to commit other crimes. It includes not only the crimes committed by the actor on the network by using his own programming, encryption and decoding technology or tools, but also the crimes committed by the actor by using software instructions. Crimes committed interactively inside and outside the network by using technical and legal loopholes such as network system or product encryption also include crimes committed by professionals in the network system by virtue of their special status as network service providers or other methods. In short, cyber crime is a crime aimed at and using the network, and its essential feature is endangering the security and order of the network and its information.
Second, how long will it take to get bail for selling software?
The law has no time limit in this respect. Criminal suspects and defendants in custody may apply for bail pending trial at any time, but they must meet the corresponding conditions before they can apply for bail pending trial. When people's courts, people's procuratorates and public security organs decide to release a criminal suspect or defendant on bail pending trial, they shall inform the criminal suspect or defendant to put forward a guarantor or pay a deposit.
Third, how to obtain the evidence that the company installed pirated software?
The software copyright owner can report the company's piracy to the copyright management department, and let the copyright management department investigate and collect evidence of piracy. The copyright owner can also apply to the court for investigation and preservation of relevant evidence.
The constitutive elements of the crime of illegal business operation include:
1, objective elements, the object of the crime of illegal business operation is the market management system of the state that restricts the sale of goods and business licenses;
2. Objective elements, which are manifested as engaging in franchise, monopoly of commodities or other restricted commodities without permission, buying and selling import and export licenses, import and export certificates of origin, business licenses or other approval documents stipulated by laws and administrative regulations, engaging in other illegal business activities, disrupting market order, and serious acts;
3. Subject elements: the subject of the crime of illegal business operation is the general subject, that is, all natural persons who have reached the age of criminal responsibility and have criminal responsibility ability;
4. Subjective elements: the subjective aspect of the crime of illegal business operation is intentional and has the purpose of seeking illegal interests.
To sum up, it's Bian Xiao's answer about how many years he was sentenced to selling software online. I hope it will help you.
Legal basis:
Article 225 of the Criminal Code of People's Republic of China (PRC).
The crime of illegal business operation violates the provisions of the state and commits one of the following illegal business operations, disrupting the market order, and if the circumstances are serious, it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, be fined not less than one time but not more than five times the illegal income; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than one time but not more than five times for illegal gains or confiscation of property:
(a) operating a franchise or monopoly commodity or other commodities whose operation is restricted by laws and administrative regulations without permission;
(2) buying and selling import and export licenses, import and export certificates of origin and other business licenses or approval documents stipulated by laws and administrative regulations;
(three) without the approval of the relevant competent departments of the state, illegally engaged in securities, futures, insurance business, or illegally engaged in fund payment and settlement business;
(four) other illegal business activities that seriously disrupt the market order.