If the offender commits the infringement for commercial gain, they will be prosecuted ex officio (Art. 67 Para. 2, Art. 69 Para. 2 and Art. 69a Para. 2 CopA). The penalty is a custodial sentence not exceeding one year or a monetary penalty. Acts are only punishable if they were committed by a person who knew or, given the circumstances, should have known that they were committing, enabling, facilitating or concealing an infringement of copyright or a related right.
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