Will there be a prison sentence after the copyright infringement is released on bail?

Article 5 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Infringement of Intellectual Property Rights commits one of the acts of copyright infringement listed in Article 217 of the Criminal Law for the purpose of making profits, and the amount of unlawful gains is more than 30,000 yuan, it is a "relatively large amount of unlawful gains"; In any of the following circumstances, it is "there are other serious circumstances", and shall be sentenced to up to three years imprisonment or short-term detention and/or a fine for the crime of copyright infringement: (1) the amount of illegal business operations is 50,000 yuan or more; (2) Without the permission of the copyright owner, reproducing and distributing their written works, films, television, video works, computer software, and other works, with a total of 1,000 or more copies; (3) Other situations of serious circumstances. Carrying out one of the acts of copyright infringement listed in article 217 of the Criminal Law for the purpose of profit, and the amount of unlawful gains is 150,000 yuan or more, is "a huge amount of unlawful gains"; In any of the following circumstances, it is "there are other especially serious circumstances" and shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and a concurrent fine for the crime of copyright infringement:

1) The amount of illegal business operations is 250,000 yuan or more; (2) Without the permission of the copyright owner, reproducing and distributing their written works, films, television, video works, computer software, and other works, with a total of 5,000 copies (copies); (3) Other situations with especially serious circumstances.

Legal Analysis: The standard for criminalization of copyright infringement is low and the sentence is high, and the public security organs generally do not allow release on bail pending trial for the convenience of evidence collection. Criminal suspects or defendants in any of the following circumstances may be released on guarantee pending further investigation:

1) Where a sentence of controlled release, short-term detention, or an additional punishment might be applied independently;

2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation will not cause danger to society;

3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and are released on guarantee pending further investigation will not be a danger to society;

4) Where the period of detention is complete, the case has not yet been completed, and it is necessary to employ release on guarantee pending further investigation.

Legal basis: Criminal Procedure Law of the People's Republic of China

Article 67: People's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee pending further investigation in any of the following circumstances:

1) Where a controlled release, short-term detention, or supplementary punishment might be independently applied;

2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation will not cause danger to society;

3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and are released on guarantee pending further investigation will not be a danger to society;

4) Where the period of detention is complete, the case has not yet been completed, and it is necessary to employ release on guarantee pending further investigation.

Release on guarantee pending further investigation is to be enforced by the public security organs.

Article 68: People's courts, people's procuratorates, and public security organs that decide on a criminal suspect or defendant to release a criminal suspect or defendant on guarantee pending further investigation shall order the suspect or defendant to provide a guarantor or pay a guarantee deposit.

The standard for criminalization of copyright infringement is low and the sentencing is high, and the public security organs generally do not allow release on bail pending trial for the convenience of collecting evidence. In any of the following circumstances, criminal suspects or defendants may be released on guarantee pending further investigation: (1) they might be sentenced to controlled release, short-term detention, or independently applied supplementary punishments; (2) They might be sentenced to a fixed-term imprisonment sentence or higher, and release on guarantee pending further investigation would not cause danger to society; 3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and are released on guarantee pending further investigation will not be a danger to society; 4) Where the period of detention is complete, the case has not yet been completed, and it is necessary to employ release on guarantee pending further investigation.

Article 67 of the Criminal Procedure Law of the People's Republic of China: People's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee pending further investigation in any of the following circumstances: (1) where a person might be sentenced to controlled release, short-term detention, or independently applied an additional punishment; (2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation would not cause danger to society; (3) Women who suffer from serious illness, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and are released on bail pending further investigation will not be a danger to society; 4) Where the period of detention is complete, the case has not yet been completed, and it is necessary to employ release on guarantee pending further investigation. Release on guarantee pending further investigation is to be enforced by the public security organs.

Article 68: People's courts, people's procuratorates, and public security organs that decide to release a criminal suspect or defendant on guarantee pending further investigation shall order the criminal suspect or defendant to provide a guarantor or pay a guarantee deposit.

The most serious crime of copyright infringement is to be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and a fine. The subject of this crime is a general subject, including both natural persons who have reached the age of criminal responsibility and have the capacity for criminal responsibility, as well as units that have been approved by the state and have not been approved by the state to engage in publishing and potato harvesting activities. Legal basis:

Article 217 of the Criminal Law: Where there is any of the following circumstances of copyright infringement for the purpose of profit, and the amount of unlawful gains is relatively large or there are other serious circumstances, a sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine; Where the amount of unlawful gains is huge or there are other especially serious circumstances, a sentence of between three and seven years imprisonment and a concurrent fine is to be given: (1) reproducing and distributing their written works, films, television, video works, computer software, and other works without the permission of the copyright owner; (2) Publishing books in which others enjoy exclusive publishing rights; (3) Reproducing and distributing audio or video recordings produced by them without the permission of the producers of audio or video recordings; (4) Producing or counterfeiting works of art signed by others.

Procedures and procedures for bail pending trial:1. An application for bail pending trial.

Detained criminal suspects or defendants, their legally-designated persons, and close relatives have the right to apply for bail pending further investigation. Where a criminal suspect is arrested, the lawyer hired by the criminal suspect may apply for release on bail pending further investigation. Applications for release on bail pending further investigation shall be made in writing.

2. The decision to release on bail pending trial. After public security organs, people's procuratorates, and people's courts receive an application for release on bail pending further investigation, they shall make a response within 7 days of consent. Where a decision is made to release on bail pending further investigation, it shall be reported to the responsible person at a public security organ at the county level or above, the chief procurator of the procuratorate, or the president of the people's court for approval, and a "Decision on Bail Pending Trial" and a "Notice of Bail Pending Trial" shall be issued, ordering the criminal suspect or defendant to provide a guarantor or pay a guarantee deposit.

3. The enforcement organ for release on bail pending further investigation is the public security organ. When enforcing the law, the public security organs shall read out the decision on release on guarantee pending further investigation to the criminal suspect or defendant, order them to sign or affix a seal, and inform them of the provisions that shall be complied with during the period of release on bail. The enforcement organ for release on bail pending further investigation is the public security organ.

Criminal Procedure Law article 67: People's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee pending further investigation in any of the following circumstances: (1) they might be sentenced to controlled release, combined detention or independent application of supplementary punishments; 2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation will not cause danger to society; (3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are suspected of breastfeeding their own infants, and taking release on guarantee pending further investigation will not cause danger to society; 4) Where the period of detention is complete, the case has not yet been completed, and it is necessary to employ release on guarantee pending further investigation. Release on guarantee pending further investigation is to be enforced by the public security organs.

Article 68: Where people's courts, people's procuratorates, or public security organs decide to release on guarantee pending further investigation, they are to order the criminal suspect or defendant to provide a guarantor or pay a guarantee deposit.