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Illegal behavior of epidemic situation and its legal consequences

During the epidemic prevention and control period,

What behaviors may bear

legal consequences

The police reminded us to pay attention to:

11, behaviors that violate the social management order of epidemic prevention and control

1, taking public transportation, entering and leaving public places such as residential areas, supermarkets, vegetable markets and hotels, and refusing to cooperate with managers. If the circumstances are serious, they shall be detained for more than 5 days and less than 11 days, and may also be fined less than 511 yuan.

those who cause or are in serious danger of spreading in novel coronavirus may be suspected of violating Article 331 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. Those who go in and out of residential areas, supermarkets, vegetable markets, hotels and other relevant places and refuse to cooperate with health information verification and identity registration regulations

are suspected of violating Article 51 of the Law on Public Security Administration Punishment, and will be given a warning or fined below 211 yuan; If the circumstances are serious, they shall be detained for more than 5 days and less than 11 days, and may also be fined less than 511 yuan.

those who cause or have serious risk of spreading in novel coronavirus may be suspected of violating Article 331th of the Criminal Law, which constitutes the crime of obstructing the prevention and control of infectious diseases.

3. Residents in closed communities who refuse to cooperate with the management of closed communities, violate the relevant regulations of the epidemic prevention and control headquarters, and go out and gather without authorization

violate Article 51 of the Law on Public Security Administration Punishment, and will be given a warning or fined below 211 yuan; If the circumstances are serious, they will be detained for more than 5 days and less than 11 days, and may also be fined up to 511 yuan. If it causes the spread of novel coronavirus or has a serious risk of spread, it may be suspected of Article 331th of the Criminal Law, which constitutes a crime of obstructing the prevention and control of infectious diseases; Diagnosed patients and pathogen carriers, who conceal their illness and travel information, enter public places or take public transportation, causing the spread of novel coronavirus, may be suspected of Articles 114 and 115 of the Criminal Law, which constitutes the crime of endangering public safety by dangerous means.

4. If vehicles and personnel passing through the epidemic prevention and control checkpoint refuse to cooperate or accept the inspection of the staff at the checkpoint by punching cards or other methods,

in violation of Article 51 of the Law on Public Security Administration Punishment, they will be given a warning or fined up to 211 yuan; If the circumstances are serious, they shall be detained for more than 5 days and less than 11 days, and may also be fined less than 511 yuan. Cause the spread of novel coronavirus or have a serious risk of spread, may be suspected of Article 331th of the Criminal Law, which constitutes the crime of obstructing the prevention and control of infectious diseases.

5. Those who are included in the scope of nucleic acid detection and do not participate in the nucleic acid detection organized by the unified organization

violate Article 51 of the Emergency Regulations on Public Health Emergencies, and the relevant units and individuals do not cooperate with the investigation, sampling, technical analysis and inspection, which may violate the Law on Public Security Administration Punishment and constitute a violation of public security administration, and will be punished by the public security organs according to law; Anyone suspected of constituting a crime will be investigated for criminal responsibility for allegedly obstructing the prevention and control of infectious diseases in accordance with Article 331 of the Criminal Law.

6. Persons whose health codes are yellow and red, who fail to conduct home health monitoring or centralized isolated observation in accordance with regulations

are suspected of violating Article 51 of the Law on Public Security Administration Punishment, and shall be given a warning or fined up to 211 yuan; If the circumstances are serious, they shall be detained for more than 5 days and less than 11 days, and may also be fined less than 511 yuan.

those who cause or have serious risk of spreading in novel coronavirus may be suspected of violating Article 331th of the Criminal Law, which constitutes the crime of obstructing the prevention and control of infectious diseases.

7. Whoever conceals illness, conceals travel information (especially the history of living in key areas), or conceals the history of close contact with confirmed cases or suspected cases

violates Article 51 of the Law on Public Security Administration Punishment, and will be given a warning or fined up to 211 yuan; If the circumstances are serious, they will be detained for more than 5 days and less than 11 days, and may also be fined up to 511 yuan.

If it causes the spread in novel coronavirus or has a serious risk of spread, it may be suspected of the relevant provisions of Article 331th of the Criminal Law, which constitutes the crime of obstructing the prevention and control of infectious diseases; Diagnosed patients and pathogen carriers, who conceal their illness and travel information, enter public places or take public transportation, causing the spread of novel coronavirus, may be suspected of Articles 114 and 115 of the Criminal Law, which constitutes the crime of endangering public safety by dangerous means.

8. Those who refuse to cooperate with the epidemic epidemiological investigation carried out by the disease control and public security departments

violate Article 51 of the Law on Public Security Administration Punishment and will be given a warning or a fine of not more than 211 yuan; If the circumstances are serious, they will be detained for more than 5 days and less than 11 days, and may also be fined up to 511 yuan. It may be suspected of the relevant provisions of Article 331 of the Criminal Law, which constitutes the crime of obstructing the prevention and treatment of infectious diseases. Anyone who obstructs the staff of state organs (including those engaged in epidemic prevention and control in state organs) from conducting epidemic investigation according to law by means of violence or threats may be suspected of Article 277 of the Criminal Law, which constitutes a crime of obstruction of official duties.

9. Those who have symptoms such as fever, dry cough, fatigue, decreased sense of smell and taste, nasal congestion, runny nose, sore throat, conjunctivitis, myalgia and diarrhea fail to go to the fever clinic for medical treatment according to the epidemic prevention and control requirements, and those who fail to be dissuaded

violate Article 51 of the Law on Public Security Administration Punishment, and will be given a warning or fined up to 211 yuan; If the circumstances are serious, they will be detained for more than 5 days and less than 11 days, and may also be fined up to 511 yuan. Cause the spread of novel coronavirus or have a serious risk of spread, may be suspected of Article 331th of the Criminal Law, which constitutes the crime of obstructing the prevention and control of infectious diseases.

11. After centralized isolation, those who fail to accept health monitoring and management in accordance with the regulations and are ineffective after dissuasion

violate Article 51 of the Law on Public Security Administration Punishment, and will be given a warning or a fine of not more than 211 yuan; If the circumstances are serious, they will be detained for more than 5 days and less than 11 days, and may also be fined up to 511 yuan.

those who cause or have serious risk of spreading in novel coronavirus may be suspected of Article 331th of the Criminal Law, which constitutes the crime of obstructing the prevention and control of infectious diseases.

11. During the epidemic prevention and control period, opening chess and card stalls and mahjong rooms in family residences and illegally selling cold and fever medicines

Those who violate Article 51 of the Law on Public Security Administration Punishment will be given a warning or fined up to 211 yuan; If the circumstances are serious, they will be detained for more than 5 days and less than 11 days, and may also be fined up to 511 yuan; Or other administrative penalties shall be imposed by the relevant departments.

those who cause or have serious risk of spreading in novel coronavirus may be suspected of Article 331th of the Criminal Law, which constitutes the crime of obstructing the prevention and control of infectious diseases.

12. During the epidemic prevention and control period, residents who go out to participate in gathering activities such as playing cards, catering and entertainment in violation of regulations, who are discouraged but ineffective

violate Article 51 of the Law on Public Security Administration Punishment, and will be given a warning or a fine of not more than 211 yuan; If the circumstances are serious, they will be detained for more than 5 days and less than 11 days, and may also be fined up to 511 yuan.

If it causes the spread of novel coronavirus or has a serious risk of spread, it may be suspected of Article 331th of the Criminal Law, which constitutes the crime of obstructing the prevention and control of infectious diseases; Diagnosed patients and pathogen carriers, who conceal their illness and travel information, enter public places or take public transportation, causing the spread of novel coronavirus, may be suspected of Articles 114 and 115 of the Criminal Law, which constitutes the crime of endangering public safety by dangerous means.

13. Whoever forges or alters the negative certificate of nucleic acid testing in medical institutions, uses other people's health codes and travel codes or conceals the travel and activity tracks by other means, defrauds the trust of relevant personnel, travels for a visit or enters public places, and causes the spread of novel coronavirus or has a serious risk of spread

violates Article 51 of the Law on Public Security Administration Punishment, and will be given a warning or a fine of not more than 211 yuan; If the circumstances are serious, they will be detained for more than 5 days and less than 11 days, and may also be fined up to 511 yuan; Or other administrative penalties shall be imposed by the relevant departments. It may be suspected of Article 331 of the Criminal Law, which constitutes the crime of obstructing the prevention and treatment of infectious diseases.

14.

Those who help others to escape the inspection measures for epidemic prevention and control violate Article 51 of the Law on Public Security Administration Punishment and will be given a warning or a fine of not more than 211 yuan; If the circumstances are serious, they will be detained for more than 5 days and less than 11 days, and may also be fined up to 511 yuan.

those who cause or have serious risk of spreading in novel coronavirus may be suspected of Article 331th of the Criminal Law, which constitutes the crime of obstructing the prevention and control of infectious diseases.

15. Residents and enterprises don't cooperate with the disinfection work related to epidemic prevention and control, and those who are discouraged and ineffective

violate Article 51 of the Law on Public Security Administration Punishment, and will be given a warning or a fine of not more than 211 yuan; If the circumstances are serious, they will be detained for more than 5 days and less than 11 days, and may also be fined up to 511 yuan.

those who cause or have serious risk of spreading in novel coronavirus may be suspected of Article 331th of the Criminal Law, which constitutes the crime of obstructing the prevention and control of infectious diseases. Anyone who obstructs the staff of state organs (including those engaged in epidemic prevention and control in state organs) from conducting epidemic investigation according to law by means of violence or threats may be suspected of Article 277 of the Criminal Law, which constitutes a crime of obstruction of official duties.

12. Violation of the economic management order of epidemic prevention and control

16. During the epidemic period, those who maliciously hoard, drive up prices and profiteer

will be dealt with by the market supervision and management department according to laws and regulations. If the amount of illegal income is large or there are other serious circumstances, which seriously disrupts the market order, it may be suspected of violating the state's regulations on market operation and price management during the prevention and control of sudden infectious diseases and other disasters, driving up prices and profiteering, which seriously disrupts the market order. If the amount of illegal income is large or there are other serious circumstances, it may be suspected of Article 225 of the Criminal Law, which constitutes the crime of illegal business operation.

17.

The market supervision and management department will impose administrative penalties on those who produce medical equipment such as masks, goggles and protective clothing that do not meet the national and industrial standards for protecting human health. If the circumstances are serious, it may be suspected of Article 145 of the Criminal Law, and will be convicted of the crime of producing and selling substandard medical equipment, and will be severely punished according to law.

18. During the epidemic prevention and control period, under the guise of developing, producing or selling articles used for epidemic prevention and control, defrauding public or private property, or fabricating facts to defraud the public to donate money and materials, if the amount is relatively large,

it may be suspected of Article 266 of the Criminal Law and convicted and punished for fraud.

13. Other illegal and criminal acts in violation of epidemic prevention and control

19, making use of novel coronavirus's pneumonia epidemic to create and spread rumors, inciting secession, undermining national unity, or inciting subversion of state power and overthrowing the socialist system

may be suspected of Article 113, paragraph 2, and Article 115, paragraph 2, of the Criminal Law, and the crime of inciting secession or subversion of state power may be put on file for investigation.

21. During the epidemic prevention and control period, whoever fabricates false epidemic information and spreads it in public places such as the Internet, or knowingly helps to spread and spread it

violates Article 65 of the Emergency Response Law, and will be ordered to make corrections and given a warning; If serious consequences are caused, the business activities will be suspended or the practice license will be revoked according to law. Violation of Article 25 of the Law on Public Security Administration Punishment will be punished by detention for more than 5 days and less than 11 days, and a fine of less than 511 yuan may be imposed; If the circumstances are minor, they will be detained for less than 5 days or fined for less than 511 yuan. Those who seriously disturb social order may be suspected of Article 291 of the Criminal Law, which constitutes the crime of fabricating and intentionally spreading false information.

21. Whoever intentionally divulges personal privacy-related information and materials of infectious patients, pathogen carriers, suspected infectious patients and close contacts

violates Article 42 of the Law on Public Security Administration Punishment, and will be detained for not more than five days or fined for not more than 511 yuan; If the circumstances are serious, they will be detained for more than 5 days and less than 11 days, and may also be fined up to 511 yuan. If the personal information of citizens obtained by state organs or educational, medical and other units in the course of performing their duties and services is sold or illegally provided to others, if the circumstances are serious, it may be suspected of Article 253 of the Criminal Law, which constitutes a crime of infringing citizens' personal information.

22. During the epidemic prevention and control period, intentionally injuring medical personnel, causing serious consequences such as minor injuries, or tearing protective equipment and spitting on medical personnel, causing medical personnel to be infected with novel coronavirus

may be suspected of Article 234 of the Criminal Law, which constitutes the crime of intentional injury; Beating medical staff at will, if the circumstances are bad, may be suspected of Article 293 of the Criminal Law, which constitutes the crime of stirring up trouble; Whoever publicly insults or intimidates medical personnel by violence or other means, if the circumstances are serious or bad, may be suspected of Articles 246 and 293 of the Criminal Law, which constitutes the crime of insulting or provoking troubles.

23. If the primary medical and health institutions violate the responsibility system of first consultation and accept patients with fever without authorization, causing serious consequences,

they will suspend their business activities or revoke their practice licenses according to law. Cause the spread of novel coronavirus or have a serious risk of spread, may be suspected of Article 331th of the Criminal Law, which constitutes the crime of obstructing the prevention and control of infectious diseases.

24. In violation of epidemic prevention and control regulations, throwing away medical protective articles such as masks and protective clothing, and in violation of epidemic prevention and control regulations such as the Law on the Prevention and Control of Infectious Diseases, arbitrarily disposing of medical protective articles, equipment, medical and domestic wastes and other toxic and harmful substances containing novel coronavirus pathogens, which seriously pollutes the environment

may be suspected of Article 338 of the Criminal Law, which constitutes a crime of environmental pollution.

if COVID-19 pathogens are intentionally released, which seriously endangers the safety of the public, causing serious injuries, deaths or heavy losses to public and private property, it may be suspected of Articles 114 and 115 of the Criminal Law, which constitutes a crime of endangering the safety of the public by dangerous means.

25. If a patient or suspected patient refuses or leaves the isolation treatment without authorization, or refuses the isolation treatment or leaves the isolation treatment without authorization before the expiration of the isolation period, the public security organ may assist the medical institution to take compulsory isolation treatment measures in violation of the first paragraph of Article 39 of the Law on the Prevention and Control of Infectious Diseases.

26. If a testing institution issues an inspection report or a false inspection report without inspection, or sells or buys a false inspection report, which causes the spread of novel coronavirus or has a serious risk of spread,

it may be suspected of Article 331 of the Criminal Law, which constitutes a crime of obstructing the prevention and control of infectious diseases.

27. During the epidemic period, those who intentionally spread pathogens from COVID-19, endangering public safety

If those infected with novel coronavirus resist epidemic prevention and control measures, they intentionally spread pathogens from novel coronavirus, endangering public safety. Patients and pathogen carriers infected with pneumonia in novel coronavirus who have been diagnosed refuse isolation treatment or leave isolation treatment without authorization before the expiration of the isolation period, and enter public places or take public transportation. Suspected patients infected with pneumonia in novel coronavirus refused isolation treatment or left isolation treatment without authorization before the expiration of isolation period, and entered public places or took public transportation vehicles, causing the spread of novel coronavirus, which may be suspected of Articles 114 and 115 of the Criminal Law, and constitute the crime of endangering public safety by dangerous means.

28. Personnel engaged in experiments, preservation, carrying and transporting strains and viruses of infectious diseases violate the regulations.