In order to help the broad masses of the people fully grasp the possible illegal acts and possible legal consequences in epidemic prevention and control, and promote the epidemic prevention and control work to be carried out efficiently according to laws and regulations, the following 22 clear papers on illegal acts and possible legal consequences in epidemic prevention and control are specially prepared.
1. Anyone who enters or exits residential areas, supermarkets, vegetable markets, hotels and other public places. Those who take public transport and refuse to cooperate with managers to persuade them to wear masks are suspected of violating Article 23 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment, and are given a warning or a fine of not more than 200 yuan; If the circumstances are serious, they shall be detained for more than 5 days 10 days, and may also be fined up to 500 yuan. Those who cause the spread of novel coronavirus or have a serious risk of spread may be suspected of violating Article 330th of the Criminal Law of People's Republic of China (PRC), which constitutes the crime of obstructing the prevention and control of infectious diseases.
2. Those who enter and leave residential areas, supermarkets, vegetable markets, hotels and other related places and refuse to cooperate with the provisions on health information verification and identity registration are suspected of violating Article 50 of the Law on Public Security Administration Punishment, and are given a warning or a fine of less than 200 yuan; If the circumstances are serious, they shall be detained for more than 5 days 10 days, and may also be fined up to 500 yuan. Those who cause the spread of novel coronavirus or have a serious risk of spread may be suspected of violating Article 330th of the Criminal Law, which constitutes the crime of obstructing the prevention and control of infectious diseases.
3. Vehicles and personnel who pass the epidemic prevention and control card point refuse to cooperate or accept the inspection by the staff of the card point by punching in or other means, and are suspected of violating Article 50 of the Law on Public Security Administration Punishment, and are given a warning or a fine of not more than 200 yuan; If the circumstances are serious, they shall be detained for more than 5 days 10 days, and may also be fined up to 500 yuan. Those who cause the spread of novel coronavirus or have a serious risk of spread may be suspected of violating Article 330th of the Criminal Law, which constitutes the crime of obstructing the prevention and control of infectious diseases.
4. Persons who are included in the scope of nucleic acid detection do not participate in the nucleic acid detection organized by the unified organization, and are suspected of violating Article 51 of the Emergency Regulations on Public Health Emergencies. The relevant units and individuals do not cooperate with the investigation, sampling, technical analysis and inspection, which may violate Article 50 of 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 according to Article 330 of the Criminal Law.
5. Residents refused to cooperate with closed management, went out to gather without authorization in violation of health management guidelines, and were suspected of violating Article 50 of the Law on Public Security Administration Punishment, and were given a warning or fined less than 200 yuan; If the circumstances are serious, they shall be detained for more than 5 days 10 days, and may also be fined up to 500 yuan. Those who cause the spread of novel coronavirus or have a serious risk of spread may be suspected of violating Article 330th 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 transport, causing the spread of novel coronavirus, may be suspected of violating Articles 114 and 115 of the Criminal Law, and constitute the crime of endangering public safety by dangerous means.
6. Persons whose health code is yellow and red, who fail to carry out home health monitoring or centralized isolation observation in accordance with the regulations, are suspected of violating Article 50 of the Law on Public Security Administration Punishment and are given a warning or a fine of less than 200 yuan; If the circumstances are serious, they shall be detained for more than 5 days 10 days, and may also be fined up to 500 yuan. Those who cause the spread of novel coronavirus or have a serious risk of spread may be suspected of violating Article 330th of the Criminal Law, which constitutes 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, catering and entertainment in violation of regulations, and are discouraged, are suspected of violating Article 50 of the Law on Public Security Administration Punishment, and are given a warning or a fine of less than 200 yuan; If the circumstances are serious, they shall be detained for more than 5 days 10 days, and may also be fined up to 500 yuan. Those who cause the spread of novel coronavirus or have a serious risk of spread may be suspected of violating Article 330th 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 transport, causing the spread of novel coronavirus, may be suspected of violating Articles 114 and 115 of the Criminal Law, and constitute the crime of endangering public safety by dangerous means.
8. During the epidemic prevention and control period, remedial classes, chess and card stalls and mahjong halls were set up in family residences to illegally sell cold and fever drugs. Anyone suspected of violating Article 50 of the Law on Public Security Administration Punishment shall be given a warning or fined below 200 yuan; If the circumstances are serious, they shall be detained for more than 5 days 10 days, and may also be fined up to 500 yuan. Those who cause the spread of novel coronavirus or have a serious risk of spread may be suspected of violating Article 330th of the Criminal Law, which constitutes the crime of obstructing the prevention and control of infectious diseases.
9. After centralized isolation, those who fail to accept health monitoring and management in accordance with the regulations and fail to be dissuaded are suspected of violating Article 50 of the Law on Public Security Administration Punishment, and are given a warning or a fine of less than 200 yuan; If the circumstances are serious, they shall be detained for more than 5 days 10 days, and may also be fined up to 500 yuan. Those who cause the spread of novel coronavirus or have a serious risk of spread may be suspected of violating Article 330th of the Criminal Law, which constitutes the crime of obstructing the prevention and control of infectious diseases.
10. Whoever conceals illness, travel information or the history of close contact with confirmed cases or suspected cases is suspected of violating Article 50 of the Law on Public Security Administration Punishment, and shall be given a warning or fined not more than 200 yuan; If the circumstances are serious, they shall be detained for more than 5 days 10 days, and may also be fined up to 500 yuan. Those who cause the spread of novel coronavirus or have a serious risk of spread may be suspected of violating Article 330th 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 transport, causing the spread of novel coronavirus, may be suspected of violating Articles 114 and 115 of the Criminal Law, and constitute the crime of endangering public safety by dangerous means.
1 1. In the process of prevention and control of infectious diseases in novel coronavirus, the staff of government health administrative departments engaged in the prevention and control of infectious diseases were seriously irresponsible, which led to the spread or epidemic of novel coronavirus. If the circumstances are serious, it may be suspected of violating Article 409 of the Criminal Law, which constitutes the crime of dereliction of duty in the prevention and control of infectious diseases.
12. Residents and enterprises that fail to cooperate with the disinfection work related to epidemic prevention and control are suspected of violating Article 50 of the Law on Public Security Administration Punishment, and are given a warning or a fine of not more than 200 yuan; If the circumstances are serious, they shall be detained for more than 5 days 10 days, and may also be fined up to 500 yuan. Those who cause the spread of novel coronavirus or have a serious risk of spread may be suspected of violating Article 330th 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 from conducting epidemic investigation according to law by violence or threat may be suspected of violating Article 277 of the Criminal Law, which constitutes a crime of obstructing official duties.
13. Anyone who refuses to cooperate with the epidemic epidemiological investigation carried out by the disease control and public security departments is suspected of violating Article 50 of the Law on Public Security Administration Punishment and is given a warning or a fine of less than 200 yuan; If the circumstances are serious, they shall be detained for more than 5 days 10 days, and may also be fined up to 500 yuan. It may be suspected of violating Article 330 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 from conducting epidemic investigation according to law by violence or threat may be suspected of violating Article 277 of the Criminal Law, which constitutes a crime of obstructing official duties.
14. 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 the law 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 that during the prevention and control of disasters such as sudden infectious diseases, it may violate the relevant state regulations on market operation and price management, drive up prices, seek huge profits, and seriously disrupt the market order. If the amount of illegal income is large or there are other serious circumstances, it may be suspected of violating Article 225 of the Criminal Law, which constitutes the crime of illegal business operation.
15. Whoever, in violation of epidemic prevention and control regulations, discards 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 stipulated in Article 338 of the Criminal Law, disposes of medical protective articles, instruments, medical household garbage and other toxic and harmful substances containing novel coronavirus pathogens without authorization, which seriously pollutes the environment, may be suspected of environmental pollution. Deliberately releasing pathogens from coronary pneumonia, which seriously endangers public safety, causes serious injuries, deaths or heavy losses to public and private property, may be suspected of violating Articles 114 and 115 of the Criminal Law, and constitutes a crime of endangering public safety by dangerous means.
16. How to deal with patients or suspected patients who refuse or leave isolation treatment without authorization? According to the first paragraph of Article 39 of the Law of People's Republic of China (PRC) on the Prevention and Control of Infectious Diseases, the public security organ may assist medical institutions to take compulsory isolation treatment measures if they refuse isolation treatment or leave isolation treatment before the expiration of isolation period.
17. During the epidemic period, anyone who intentionally spreads COVID-19 pathogens and endangers public safety may be suspected of violating Articles 114 and 115 of the Criminal Law, which constitutes a crime of endangering public safety by dangerous means, but has not caused serious consequences, and shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; If serious consequences are caused, they shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.
18. People with fever, dry cough, fatigue, decreased sense of smell and taste, stuffy nose, runny nose, sore throat, conjunctivitis, myalgia, diarrhea and other symptoms did not go to the fever clinic for medical treatment according to the epidemic prevention and control requirements. Discourager is suspected of violating Article 50 of the Law on Public Security Administration Punishment, and shall be given a warning or fined below 200 yuan; If the circumstances are serious, they shall be detained for more than 5 days 10 days, and may also be fined up to 500 yuan. Those who cause the spread of novel coronavirus or have a serious risk of spread may be suspected of violating Article 330th of the Criminal Law, which constitutes the crime of obstructing the prevention and control of infectious diseases.
19. novel coronavirus infected people resist epidemic prevention and control measures, deliberately spread the pathogen of pneumonia infected by novel coronavirus, endangering public safety, and have one of the following circumstances: patients and pathogen carriers who have been diagnosed as novel coronavirus refuse isolation treatment or leave the isolation treatment place without authorization before the expiration of the isolation period and enter public places or public transport; If a patient suspected of being infected with novel coronavirus refuses isolation treatment or leaves the isolation treatment place before the expiration of the isolation period, and enters a public place or public transport, thus causing the spread of novel coronavirus, he may be suspected of endangering public safety by dangerous means, and will be convicted and punished in accordance with the provisions of Article 114 and Article 115, paragraph 1, of the Criminal Law.
20 production does not meet the national standards and industry standards for the protection of human health, medical masks, goggles, protective clothing and other medical devices, administrative punishment by the market supervision and management department. If the circumstances are serious, it may be suspected of violating the provisions of Article 145 of the Criminal Law, and will be convicted of the crime of producing and selling unqualified medical devices and severely punished according to law.
2 1. Whoever, in violation of the relevant provisions of the state, drives up the prices of masks or other items urgently needed for epidemic prevention and control, and profiteers, and the amount of illegal income is relatively large or there are other serious circumstances, which seriously disrupts the market order, may be suspected of violating the provisions of Article 225 of the Criminal Law and committing other illegal business operations that seriously disrupt the market order, which constitutes the crime of illegal business operations.
22. During the period of epidemic prevention and control, anyone who fabricates false epidemic information and spreads it in public places such as the Internet, or helps to spread and spread it knowing that it is false epidemic information, is suspected of violating Article 65 of the Emergency Response Law of People's Republic of China (PRC), and will be ordered to make corrections and given a warning; If serious consequences are caused, the business activities shall be suspended or the practice license shall be revoked according to law. Anyone suspected of violating Article 25 of the Law on Public Security Administration Punishment shall be detained for more than 5 days 10 days, and may be fined up to 500 yuan; If the circumstances are minor, they shall be detained for less than 5 days or fined for less than 500 yuan. Those who seriously disturb social order may be suspected of violating Article 291 of the Criminal Law, which constitutes the crime of fabricating and intentionally spreading false information.