Epidemic prevention and control of 23 kinds of violations and legal consequences
In order to help the general public to fully grasp the epidemic prevention and control of possible violations and possible legal consequences, to promote the prevention and control of epidemics in accordance with the rules and regulations of the work of the law and efficiently, specially compiled the following 23 kinds of epidemics prevention and control of illegal and illegal behaviors and the legal consequences that may arise.
1 ride public **** transportation, in and out of the community, supermarkets, food markets, hotels and other public **** place, refused to cooperate with the management personnel to persuade the wearing of masks, suspected of violating the "Chinese people **** and the State Public Security Administration Punishments Law" (hereinafter referred to as the "Law on Public Security Administration Punishments"), Article 23, shall be given a warning or a fine of less than 200 yuan; the circumstances of the more severe, shall be sentenced to more than 5 days than 10 days or less, and may also be fined not more than 500 yuan. Those who cause the spread of novel coronavirus or have serious danger of spreading it may be suspected of violating Article 330 of the Criminal Law of the People's Republic of China (hereinafter referred to as the "Criminal Law"), which constitutes the crime of obstructing the prevention and control of infectious diseases.
2 access to neighborhoods, supermarkets, food markets, hotels and other relevant places, refusing to cooperate with the verification of health information, refusing to cooperate with the provisions of identity registration, suspected of violating Article 50 of the Law of Punishment for the Administration of Public Security, shall be sentenced to a warning or a fine of less than 200 yuan; in serious cases, shall be sentenced to more than 5 days to less than 10 days of detention, and may be sentenced to a fine of less than 500 yuan. Causing the spread of new coronavirus or serious risk of transmission may be suspected of violating Article 330 of the Criminal Law, constituting the crime of obstructing the prevention and control of infectious diseases.
3Vehicles and persons passing through epidemic prevention and control checkpoints, who refuse to cooperate and accept checking by checkpoint staff by punching the checkpoints or other methods, may be suspected of violating Article 50 of the Public Security Administration Punishment Law, and shall be given a warning or a fine of less than 200 yuan; in serious cases, they shall be sentenced to detention of not less than 5 but not more than 10 days, and may be fined not more than 500 yuan. Causing the spread of new coronavirus or serious risk of transmission may be suspected of violating Article 330 of the Criminal Law, constituting the crime of obstructing the prevention and control of infectious diseases.
4 included in the scope of nucleic acid testing of the population, do not participate in the unified organization of nucleic acid testing, suspected of violating the "Emergency Regulations on Public **** Health Emergencies" Article 51, the relevant units and individuals do not cooperate with the investigation, sampling, technical analysis and testing, may be a violation of the "Public Security Administration Punishment Law" Article 50, constituting a violation of the management of public security, will be punished by the public security organs in accordance with the law; suspected of Constitutes a crime, will be in accordance with Article 330 of the Criminal Law to suspected of obstructing the prevention and control of infectious diseases to pursue criminal responsibility.
5 sealing control, closed district residents refused to cooperate with the sealing control management, in violation of the provisions of the "Health Management Work Guidelines", unauthorized outings, gatherings, suspected of violating the "Public Security Administration Punishments Law", Article 50, shall be given a warning or a fine of less than 200 yuan; the circumstances are serious, shall be sentenced to more than 5 days to less than 10 days of detention, and may be sentenced to a fine of less than 500 yuan. If a person causes the spread of a novel coronavirus or there is a serious danger of its spread, he may be suspected of violating Article 330 of the Criminal Law, which constitutes the crime of obstructing the prevention and control of infectious diseases; if a diagnosed patient or a carrier of the pathogen, who conceals his condition or withholds information about his trip, enters a public **** place or rides on a public **** means of transportation, causing the spread of a novel coronavirus, he may be suspected of violating Articles 114 and 115 of the Criminal Law, which constitutes the crime of endangering the public **** by dangerous means , constituting the crime of endangering public **** safety by dangerous methods.
6Health code for the yellow code, red code of the person, not in accordance with the provisions of home health monitoring or centralized isolation and observation, suspected of violating the "Public Security Administration Punishments Law" Article 50, shall be sentenced to a warning or a fine of less than 200 yuan; the circumstances are serious, shall be sentenced to more than 5 days to less than 10 days of detention, and may be sentenced to a fine of less than 500 yuan. If you cause the spread of the new coronavirus or there is a serious risk of transmission, you may be suspected of violating Article 330 of the Criminal Law, constituting the crime of obstructing the prevention and control of infectious diseases.
7 During the epidemic prevention and control period, residents who go out to participate in gathering activities such as playing cards, dining, entertainment, etc. in violation of regulations, and who are dissuaded from doing so, may be suspected of violating Article 50 of the Law of Punishment for Public Security Administration and be sentenced to a warning or a fine of less than 200 yuan; if the circumstances are serious, they shall be sentenced to a detention of not less than 5 but not more than 10 days, and may be sentenced to a fine of not more than 500 yuan. If a person causes the spread of a novel coronavirus or there is a serious danger of its spread, he may be suspected of violating Article 330 of the Criminal Law, which constitutes the crime of obstructing the prevention and control of infectious diseases; if a diagnosed patient or a carrier of the pathogen, who conceals his condition or withholds information about his trip, enters a public **** place or rides on a public **** means of transportation, causing the spread of a novel coronavirus, he may be suspected of violating Articles 114 and 115 of the Criminal Law, which constitutes the crime of endangering the public **** by dangerous means , constituting the crime of endangering public **** safety by dangerous methods.
8 During the epidemic prevention and control period, opening tutoring classes, chess stalls, mahjong rooms, and selling cold and fever medicines in violation of the law, etc., are suspected of violating Article 50 of the Law of Punishment for Public Security Administration and shall be sentenced to a warning or a fine of less than 200 yuan; in serious cases, they shall be sentenced to a detention of 5 days or more, or less than 10 days, and may be concurrently fined less than 500 yuan. Causing the spread of new coronavirus or serious risk of transmission may be suspected of violating Article 330 of the Criminal Law, constituting the crime of obstructing the prevention and control of infectious diseases.
9 After the end of centralized isolation, those who do not accept health monitoring and management in accordance with the regulations, and who have been persuaded to no avail, may be suspected of violating Article 50 of the Law of Punishment for Public Security Administration and be sentenced to a warning or a fine of less than 200 yuan; if the circumstances are serious, they shall be sentenced to a detention of not less than 5 but not more than 10 days, and may be concurrently sentenced to a fine of not more than 500 yuan. Causing the spread of new coronavirus or a serious risk of transmission may be suspected of violating Article 330 of the Criminal Law, constituting the crime of obstructing the prevention and control of infectious diseases.
10 Concealment of illness, concealment of trip information (especially travel history in key areas), concealment of history of close contact with confirmed or suspected cases, suspected of violating Article 50 of the Public Security Administration Punishment Law, shall be sentenced to a warning or a fine of less than 200 yuan; in serious cases, shall be sentenced to detention of 5 days or more than 10 days, and may be sentenced to a fine of less than 500 yuan. If a person causes the spread of a novel coronavirus or there is a serious danger of its spread, he may be suspected of violating Article 330 of the Criminal Law, which constitutes the crime of obstructing the prevention and control of infectious diseases; if a diagnosed patient or a carrier of the pathogen, who conceals his condition or withholds information about his trip, enters a public **** place or rides on a public **** means of transportation, causing the spread of a novel coronavirus, he may be suspected of violating Articles 114 and 115 of the Criminal Law, which constitutes the crime of endangering the public **** by dangerous means , constituting the crime of endangering public **** safety by dangerous methods.
11 During the period of preventing and controlling the epidemic of new coronavirus infection of pneumonia, the staff of the governmental health administrative department engaged in the prevention and control of infectious diseases is seriously irresponsible, causing the spread or epidemic of new coronavirus pneumonia, and if the circumstances are serious, it may be suspected of violating Article 409 of the Penal Code, which constitutes the crime of dereliction of duty in the prevention and control of infectious diseases.
12 Residents and enterprises who do not cooperate in disinfection work related to epidemic prevention and control, and who have been discouraged to no avail, are suspected of violating Article 50 of the Public Security Administration Punishment Law, and shall be given a warning or a fine of less than 200 yuan; in serious cases, they shall be given a detention of not less than 5 but not more than 10 days, and may be fined not more than 500 yuan. Causing the spread of a new coronavirus or posing a serious risk of spread may be suspected of violating Article 330 of the Criminal Law and constitutes the crime of obstructing the prevention and control of infectious diseases. Obstructing, by means of violence or threat, a staff member of a state organ (including a person engaged in the official duty of epidemic prevention and control in a state organ) from carrying out epidemic investigation in accordance with the law may be suspected of violating Article 277 of the Criminal Law, which constitutes the crime of obstructing official duties.
13 Anyone who refuses to cooperate with epidemiological investigations of epidemics carried out by the CDC and public security departments may be suspected of violating Article 50 of the Public Security Administration Punishments Law, and shall be given a warning or a fine of not more than 200 yuan; if the circumstances are serious, the person shall be sentenced to detention of not less than 5 and not more than 10 days, and may be also sentenced to a fine of not more than 500 yuan. May be suspected of violating Article 330 of the Criminal Law, constituting the crime of obstructing the prevention and control of infectious diseases. Anyone who, by means of violence or threat, obstructs a staff member of a state organ (including a person who is engaged in the official duty of epidemic prevention and control in a state organ) from carrying out an epidemic investigation in accordance with the law may be suspected of violating Article 277 of the Criminal Law, constituting the crime of obstructing official duties.
14 During the epidemic, malicious hoarding, price gouging and profiteering will be dealt with by the market supervision and management departments in accordance with the law. For the amount of illegal income is large or there are other serious circumstances, seriously disrupting the market order, suspected of violating the state in the prevention and control of sudden outbreaks of infectious disease epidemic and other disasters during the market operation, price management and other regulations, price gouging, profiteering, seriously disrupting the market order, the amount of illegal income is large or there are other serious circumstances may be suspected of violating the "Criminal Law" Article 225, constituting the the crime of illegal business operation.
15 Violation of epidemic prevention and control regulations, littering masks, protective clothing and other medical protective supplies, etc. According to Article 338 of the Criminal Law, violation of the Infectious Disease Prevention and Control Law and other epidemic prevention and control regulations, arbitrary disposal of medical protective supplies, equipment, medical and household wastes, and other poisonous and harmful substances containing the pathogens of the neocoronaviruses and seriously polluting the environment may be suspected of the crime of polluting the environment. Deliberately releasing the pathogen of new coronavirus, seriously endangering public ****safety, causing serious injury or death, or causing major damage to public or private property, may be suspected of violating Articles 114 and 115 of the Criminal Law, constituting the crime of endangering public ****safety by dangerous methods.
16 For patients and suspected patients who refuse or leave isolation treatment without authorization, according to Article 39(1) of the Law of the People's Republic of China on the Prevention and Control of Infectious Diseases, if a patient who refuses to be isolated for treatment or leaves isolation without authorization before the expiration of the isolation period can be assisted by the public security organs in taking compulsory isolation treatment measures by the medical institution.
17 During the epidemic, those who intentionally spread the pathogen of New Crown Pneumonia, endangering the safety of the public **** may be suspected of violating Articles 114 and 115 of the Criminal Law, which constitutes the crime of endangering the safety of the public **** by dangerous methods, and, if there are no serious consequences, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; and, if serious consequences are caused, they shall be sentenced to fixed-term imprisonment of not less than ten years but not more than ten years but not more than life imprisonment, or the death penalty.
18 Persons with symptoms such as fever, dry cough, fatigue, loss of smell and taste, nasal congestion, runny nose, sore throat, conjunctivitis, myalgia, and diarrhea who fail to seek medical treatment at a fever clinic in accordance with the requirements for prevention and control of an epidemic and who are not dissuaded from doing so are suspected of violating Article 50 of the Public Security Administration Punishments Law and shall be given a warning or fined not more than RMB 200 yuan; and, if the circumstances are serious, they shall be given a detention of not less than 5 but not more than 10 days, and they can be also be fined not more than 500 yuan. If you cause the spread of the new coronavirus or there is a serious danger of spreading it, you may be suspected of violating Article 330 of the Criminal Law, which constitutes the crime of obstructing the prevention and control of infectious diseases.
19 People infected with novel coronavirus resisting epidemic prevention and control measures, intentionally spreading the pathogen of novel coronavirus infection of pneumonia, endangering the safety of public ****, with one of the following circumstances:
(1) patients who have been diagnosed as patients of novel coronavirus infection of pneumonia, carriers of the pathogen, refusing to isolate for treatment or unauthorized release from isolation for treatment without the expiration of isolation period, and entering the public **** place or public **** transportation;
(2) new coronavirus infection pneumonia suspected patients refused isolation treatment or isolation period has not expired unauthorized out of isolation treatment, and enter the public **** place or public **** transportation, resulting in the spread of the new coronavirus may be suspected of endangering the safety of the public **** dangerous methods, will be in accordance with the provisions of the Criminal Law, Article 114, 110, paragraph 1 of the conviction and punishment. Article 114, paragraph 1 of Article 115 of the Criminal Law, will be convicted and punished.
20 production does not meet the national standards for the protection of human health, industry standards for medical masks, goggles, protective clothing and other medical equipment, by the market supervision and management departments to be administrative penalties. The circumstances are serious may be suspected of violating the provisions of Article 145 of the Criminal Law, will be convicted of the crime of producing and selling medical equipment that does not meet the standard, and will be severely punished according to law.
21 Violating the relevant state regulations, inflating the prices of masks or other items related to people's livelihood that are urgently needed for the prevention and control of epidemics, profiteering, with a larger amount of illegal proceeds or other serious circumstances, seriously disrupting the market order, may be suspected of violating the provisions of Article 225 of the Criminal Law, and will be convicted for the crime of illegal business operation if it has other illegal business operation behaviors that seriously disrupt the market order.
22 During the epidemic prevention and control period, those who fabricate false information about the epidemic and disseminate it in the network and other public places, or those who help to disseminate and spread it even if they know it is false information, are suspected of violating Article 65 of the Emergency Response Law of the People's Republic of China (hereinafter referred to as the "Emergency Response Law"), and will be punished by ordering corrections and giving warnings; those who cause serious consequences will be suspended from their business activities according to the law or revocation of the license to practice. Suspected of violating Article 25 of the Law on Punishment for Public Security Administration, will be sentenced to detention of not less than 5 days but not more than 10 days, and may be fined not more than 500 yuan; in less serious cases, will be sentenced to detention of not more than 5 days or a fine of not more than 500 yuan. Serious disruption of social order may be suspected of violating one of the two hundred and ninety-one articles of the Criminal Law, constituting the crime of fabrication and intentional dissemination of false information.
23 During the period of epidemic prevention and control, the restaurant or pharmacy fails to implement the epidemic prevention and control measures such as "one-meter line", "wearing masks" and "temperature measurement", and is suspected of violating Article 49(4) of the Emergency Response Law. Response Law, Article 49, Item 4: "After the occurrence of natural disasters, accidents and calamities, or public **** health incidents, the people's government, which performs the duty of unified leadership, may take one or more of the following emergency response measures:
Legal basis: According to the "Chinese People's **** and State Infectious Disease Prevention and Control Law" the Requirements, anyone entering a public **** occasion must show the relevant proof, that is, a health code. If you do not cooperate with the requirements, the local police have the right to detain them, if the situation is particularly serious, the police can directly prosecute them, and then pursued to criminal responsibility.