（Corporate Manslaughter and Corporate Homicide Act 2007），2017 年 6 月 14 日英國倫敦格倫費爾塔發生大火，當時一些議員已呼籲依此法案對倫敦皇家肯
https://news.ltn.com.tw/news/world/breakingnews/2110118，最後瀏覽日：2019/5/31。
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本文在普通刑法方面，提出承認法人犯罪的建議，而在此次聯電美光晉華 案中所適用的營業秘密法第 13 條之 1 至第 13 條之 4 的附屬刑法部分，亦提出 兩項修法建議：
1. 營業秘密法第 13 條之 2 域外加重處罰，應從現在以國内或國外之區分，改 爲是否涉及外國政府介入來區分。
2. 營業秘密法第 13 條之 3 告訴乃論罪，若涉及外國政府介入的經濟間諜罪時，
則應該改爲非告訴乃論罪。
本文認爲需要透過修法，才能逐步喚起國人對於當代經濟間諜犯罪的認 知，如此才能讓公司更重視自己的監督防範義務，並有效防堵員工有意或無意 侵害前公司的營業秘密。
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5. 簡志勝，IC 產業鏈報告，2005 年。
英文部分 書籍
1. Adel S. Sedra & Kenneth C. Smith,Microelectronics Circuits (Oxford University Press, 2015).
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附錄一：法國新刑法典引用條文（英譯）
ARTICLE 121-2
Legal persons, with the exception of the State, are criminally liable for the offences committed on their account by their organs or representatives, according to the distinctions set out in articles 121-4 and 121-7.
However, local public authorities and their associations incur criminal liability only for offences committed in the course of their activities which may be exercised through public service delegation conventions.
The criminal liability of legal persons does not exclude that of any natural persons who are perpetrators or accomplices to the same act, subject to the provisions of the fourth paragraph of article 121-3.
ARTICLE 131-37
Penalties for felonies and misdemeanours incurred by legal persons are:
(1) a fine;
(2) in the cases set out by law, the penalties enumerated under Article 131-39.
ARTICLE 131-38
The maximum amount of a fine applicable to legal persons is five times that which is applicable to natural persons by the law sanctioning the offence.
Where this is an offence for which no provision is made for a fine to be paid by natural persons, the fine incurred by legal persons is 1,000,000.
ARTICLE 131-39
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Where a statute so provides against a legal person, a felony or misdemeanour may be punished by one or more of the following penalties:
(1) dissolution, where the legal person was created to commit a felony, or, where the felony or misdemeanour is one which carries a sentence of imprisonment of three years or more, where it was diverted from its objects in order to commit them;
(2) prohibition to exercise, directly or indirectly one or more social or professional activity, either permanently or for a maximum period of five years;
(3) placement under judicial supervision for a maximum period of five years;
(4) permanent closure or closure for up to five years of the establishment, or one or more of the establishments, of the enterprise that was used to commit the offences in question;
(5) disqualification from public tenders, either permanently or for a maximum period of five years;
(6) prohibition, either permanently or for a maximum period of five years, to make a public appeal for funds;
(7) prohibition to draw cheques, except those allowing the withdrawal of funds by the drawer from the drawee or certified cheques, and the prohibition to use payment cards, for a maximum period of five years;
(8) confiscation of the thing which was used or intended for the commission of the offence, or of the thing which is the product of it;
(9) posting a public notice of the decision or disseminating the decision in the written press or using any form of communication to the public by electronic means.
The penalties under (1) and (3) above do not apply to those public bodies which may incur criminal liability. Nor do they apply to political parties or
associations, or to unions. The penalty under 1° does not apply to institutions representing workers.
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§ 2.07. Liability of Corporations, Unincorporated Associations and Persons Acting, or Under a Duty to Act, in Their Behalf.
(1) A corporation may be convicted of the commission of an offense if:
(a) the offense is a violation or the offense is defined by a statute other than the Code in which a legislative purpose to impose liability on corporations plainly appears and the conduct is performed by an agent of the corporation acting in behalf of the corporation within the scope of his office or employment, except that if the law defining the offense designates the agents for whose conduct the corporation is accountable or the circumstances under which it is accountable, such provisions shall apply; or
(b) the offense consists of an omission to discharge a specific duty of affirmative performance imposed on corporations by law; or
(c) the commission of the offense was authorized, requested, commanded, performed or recklessly tolerated by the board of directors or by a high managerial agent acting in behalf of the corporation within the scope of his office or employment.
(2) When absolute liability is imposed for the commission of an offense, a
legislative purpose to impose liability on a corporation shall be assumed, unless the contrary plainly appears.
(3) An unincorporated association may be convicted of the commission of an offense if:
(a) the offense is defined by a statute other than the Code that expressly provides for the liability of such an association and the conduct is performed by an agent of the association acting in behalf of the association within the scope of his office or employment, except that if the law defining the offense designates the agents for whose conduct the association is accountable or the circumstances under which it is accountable, such provisions shall apply; or
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(b) the offense consists of an omission to discharge a specific duty of affirmative performance imposed on associations by law.
(4) As used in this Section:
(a) "corporation" does not include an entity organized as or by a governmental agency for the execution of a governmental program;
(b) "agent" means any director, officer, servant, employee or other person
authorized to act in behalf of the corporation or association and, in the case of an unincorporated association, a member of such association;
(c) "high managerial agent" means an officer of a corporation or an unincorporated association, or, in the case of a partnership, a partner, or any other agent of a corporation or association having duties of such responsibility that his conduct may fairly be assumed to represent the policy of the corporation or association.
(5) In any prosecution of a corporation or an unincorporated association for the commission of an offense included within the terms of Subsection (1)(a) or Subsection (3)(a) of this Section, other than an offense for which absolute liability has been imposed, it shall be a defense if the defendant proves by a preponderance of evidence that the high managerial agent having supervisory responsibility over the subject matter of the offense employed due diligence to prevent its commission. This paragraph shall not apply if it is plainly
inconsistent with the legislative purpose in defining the particular offense.
(6) (a) A person is legally accountable for any conduct he performs or causes to be performed in the name of the corporation or an unincorporated association or in its behalf to the same extent as if it were performed in his own name or behalf.
(b) Whenever a duty to act is imposed by law upon a corporation or an
unincorporated association, any agent of the corporation or association having primary responsibility for the discharge of the duty is legally accountable for a reckless omission to perform the required act to the same extent as if the duty were imposed by law directly upon himself.
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(c) When a person is convicted of an offense by reason of his legal accountability for the conduct of a corporation or an unincorporated association, he is subject to the sentence authorized by law when a natural person is convicted of an offense of the grade and the degree involved.
§ 6.04. Penalties Against Corporations and Unincorporated Associations; Forfeiture of Corporate Charter or Revocation of Certificate Authorizing Foreign
Corporation to Do Business in the State.
(1) The Court may suspend the sentence of a corporation or an unincorporated association that has been convicted of an offense or may sentence it to pay a fine authorized by Section 6.03.
(2) (a) The [prosecuting attorney] is authorized to institute civil proceedings in the appropriate court of general jurisdiction to forfeit the charter of a corporation organized under the laws of this State or to revoke the certificate authorizing a foreign corporation to conduct business in this State. The Court may order the charter forfeited or the certificate revoked upon finding
(i) that the board of directors or a high managerial agent acting in behalf of the corporation has, in conducting the corporation's affairs, purposely engaged in a persistent course of criminal conduct and
(ii) that for the prevention of future criminal conduct of the same character, the public interest requires the charter of the corporation to be forfeited and the corporation to be dissolved or the certificate to be revoked.
(b) When a corporation is convicted of a crime or a high managerial agent of a corporation, as defined in Section 2.07, is convicted of a crime committed in the conduct of the affairs of the corporation, the Court, in sentencing the corporation or the agent, may direct the [prosecuting attorney] to institute proceedings authorized by paragraph (a) of this Subsection.
(c) The proceedings authorized by paragraph (a) of this Subsection shall be conducted in accordance with the procedures authorized by law for the
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involuntary dissolution of a corporation or the revocation of the certificate authorizing a foreign corporation to conduct business in this State. Such proceedings shall be deemed additional to any other proceedings authorized by law for the purpose of forfeiting the charter of a corporation or revoking the certificate of a foreign corporation.
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18 U.S. Code § 1832.Theft of trade secrets
(a) Whoever, with intent to convert a trade secret, that is related to a product or service used in or intended for use in interstate or foreign commerce, to the economic benefit of anyone other than the owner thereof, and intending or knowing that the offense will, injure any owner of that trade secret,
knowingly—
(1) steals, or without authorization appropriates, takes, carries away, or conceals, or by fraud, artifice, or deception obtains such information;
(2) without authorization copies, duplicates, sketches, draws, photographs, downloads, uploads, alters, destroys, photocopies, replicates, transmits, delivers, sends, mails, communicates, or conveys such information;
(3) receives, buys, or possesses such information, knowing the same to have been stolen or appropriated, obtained, or converted without authorization;
(4) attempts to commit any offense described in paragraphs (1) through (3); or (5) conspires with one or more other persons to commit any offense described in
paragraphs (1) through (3), and one or more of such persons do any act to effect the object of the conspiracy,
shall, except as provided in subsection (b), be fined under this title or imprisoned not more than 10 years, or both.
(b) Any organization that commits any offense described in subsection (a) shall be fined not more than the greater of $5,000,000 or 3 times the value of the stolen trade secret to the organization, including expenses for research and design and other costs of reproducing the trade secret that the organization has thereby avoided.
18 U.S. Code § 1839.Definitions
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As used in this chapter—
(1) the term “foreign instrumentality” means any agency, bureau, ministry, component, institution, association, or any legal, commercial, or business organization, corporation, firm, or entity that is substantially owned, controlled, sponsored, commanded, managed, or dominated by a foreign government;
(2) the term “foreign agent” means any officer, employee, proxy, servant, delegate, or representative of a foreign government;
(3) the term “trade secret” means all forms and types of financial, business,
scientific, technical, economic, or engineering information, including patterns, plans, compilations, program devices, formulas, designs, prototypes, methods, techniques, processes, procedures, programs, or codes, whether tangible or intangible, and whether or how stored, compiled, or memorialized physically, electronically, graphically, photographically, or in writing if—
(A) the owner thereof has taken reasonable measures to keep such information secret; and
(B) the information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable through proper means by, another person who can obtain economic value from the disclosure or use of the information;
(4) the term “owner”, with respect to a trade secret, means the person or entity in whom or in which rightful legal or equitable title to, or license in, the trade secret is reposed;
(5) the term “misappropriation” means—
(A) acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or
(B) disclosure or use of a trade secret of another without express or implied consent by a person who—
(i) used improper means to acquire knowledge of the trade secret;
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(ii) at the time of disclosure or use, knew or had reason to know that the knowledge of the trade secret was—
(I) derived from or through a person who had used improper means to acquire the trade secret;
(II) acquired under circumstances giving rise to a duty to maintain the secrecy of the trade secret or limit the use of the trade secret; or
(III) derived from or through a person who owed a duty to the person seeking relief to maintain the secrecy of the trade secret or limit the use of the trade secret; or (iii) before a material change of the position of the person, knew or had reason to
know that—
(I) the trade secret was a trade secret; and
(II) knowledge of the trade secret had been acquired by accident or mistake;
(6) the term “improper means”—
(A) includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means; and (B) does not include reverse engineering, independent derivation, or any other
lawful means of acquisition; and
(7) the term “Trademark Act of 1946” means the Act entitled “An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes,
approved July 5, 1946 (15 U.S.C. 1051 et seq.) (commonly referred to as the
‘Trademark Act of 1946’ or the ‘Lanham Act’)”.