violation of epidemic prevention and control regulations.

23 kinds of illegal behaviors and legal consequences of epidemic prevention and control

In order to help the broad masses fully grasp the possible illegal behaviors 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 23 kinds of illegal behaviors and possible legal consequences are specially prepared.

1

Anyone who goes in and out of public places such as residential areas, supermarkets, vegetable markets, hotels, etc. by means of public transport and refuses to cooperate with the management personnel to persuade him to wear a mask is suspected of violating Article 23 of the Law of the People's Republic of China on Public Security Administration Punishment (hereinafter referred to as the Law on Public Security Administration Punishment), and shall be given a warning or fined not more than 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 the spread of novel coronavirus or have a serious risk of spread may be suspected of violating Article 331th 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

Anyone who goes in and out of residential areas, supermarkets, vegetable markets, hotels and other relevant places and refuses to cooperate with health information verification and identity registration regulations is suspected of violating Article 51 of the Law on Public Security Administration Punishment and is given a warning or a fine of not more than 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 novel coronavirus to spread or have a serious risk of spreading 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

If vehicles and personnel passing through the epidemic prevention and control checkpoint refuse to cooperate or accept the inspection by the staff of the checkpoint by punching cards or other methods, they are suspected of violating Article 51 of the Law on Public Security Administration Punishment and are given a warning or a fine of not more than 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 novel coronavirus to spread or have a serious risk of spreading may be suspected of violating Article 331th of the Criminal Law, which constitutes the crime of obstructing the prevention and control of infectious diseases.

4

People included in the scope of nucleic acid detection who do not participate in the unified organization of nucleic acid detection are suspected of violating 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 Article 51 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 in accordance with Article 331 of the Criminal Law.

5

Residents who refuse to cooperate with the closure management and go out and gather without authorization in violation of the Guidelines on Health Management are suspected of violating Article 51 of the Law on Public Security Administration Punishment, and are given a warning or a fine of not more than 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 the spread of novel coronavirus or have a serious risk of spread may be suspected of violating 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, thus 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 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 are 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 novel coronavirus to spread or have a serious risk of spreading 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

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 to be ineffective, are suspected of violating Article 51 of the Law on Public Security Administration Punishment, and are 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 the spread of novel coronavirus or have a serious risk of spread may be suspected of violating 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, thus 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, those who set up remedial classes, chess stalls and mahjong rooms in family residences and illegally sold cold and fever medicines are suspected of violating Article 51 of the Law on Public Security Administration Punishment, and are 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 novel coronavirus to spread or have a serious risk of spreading may be suspected of violating Article 331th of the Criminal Law, which constitutes the crime of obstructing the prevention and control of infectious diseases.

9

Those who fail to accept health monitoring and management in accordance with regulations after centralized isolation, and are ineffective after dissuasion, are suspected of violating Article 51 of the Law on Public Security Administration Punishment, and are 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 novel coronavirus to spread or have a serious risk of spreading may be suspected of violating Article 331th of the Criminal Law, which constitutes the crime of obstructing the prevention and control of infectious diseases.

11

Those who conceal their illness, travel information (especially the history of staying in key areas), and have a close contact history with confirmed cases or suspected cases are suspected of violating Article 51 of the Law on Public Security Administration Punishment, and are 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 the spread of novel coronavirus or have a serious risk of spread may be suspected of violating 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, thus 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.

11

During the prevention and control of pneumonia in novel coronavirus, the staff of the government health administrative department engaged in the prevention and control of infectious diseases are seriously irresponsible, which leads to the spread or prevalence of novel coronavirus. If the circumstances are serious, they may be suspected of violating Article 419 of the Criminal Law and constitute the crime of dereliction of duty in the prevention and control of infectious diseases.

12

If residents and enterprises do not cooperate with the disinfection work related to epidemic prevention and control, and the dissuasion fails, they 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 novel coronavirus to spread or have a serious risk of spreading may be suspected of violating 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 violating Article 277 of the Criminal Law, which constitutes a crime of nuisance of 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 51 of the Law on Public Security Administration Punishment and is given a warning or a fine of not more than 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. It may be suspected of violating Article 331 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 violating Article 277 of the Criminal Law, which constitutes a crime of nuisance of 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 of violating the relevant provisions of the state 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 violating Article 225 of the Criminal Law, which constitutes the crime of illegal business operation.

15

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 in accordance with Article 338 of the Criminal Law, arbitrarily disposing of medical protective articles, equipment, medical domestic waste and other toxic and harmful substances containing novel coronavirus pathogens, which seriously pollutes the environment, may be suspected of environmental pollution. Deliberately releasing pathogens from COVID-19, which seriously endangers the public security, 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 the public security by dangerous means.

16

For patients or suspected patients who refuse or leave isolation treatment without authorization, according to the provisions of the first paragraph of Article 39 of the Law of the People's Republic of China on the Prevention and Control of Infectious Diseases, public security organs may assist medical institutions to take compulsory isolation treatment measures.

17

During the epidemic period, those who intentionally spread pathogens from COVID-19 and endanger 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 means, but no serious consequences have been caused, 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 11 years, life imprisonment or death.

18

A person with symptoms such as fever, dry cough, fatigue, poor sense of smell and taste, nasal congestion, runny nose, sore throat, conjunctivitis, myalgia and diarrhea fails to go to the fever clinic according to the epidemic prevention and control requirements, and if the dissuasion fails, he is 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 novel coronavirus to spread or have a serious risk of spreading may be suspected of violating Article 331th of the Criminal Law, which constitutes the crime of obstructing the prevention and control of infectious diseases.

19

People infected with novel coronavirus resist epidemic prevention and control measures, deliberately spread the pathogen of pneumonia infected with novel coronavirus, endangering the safety of public transport, and have one of the following circumstances: (1) Patients and pathogen carriers who have been diagnosed with pneumonia in novel coronavirus refuse isolation treatment or leave isolation treatment without authorization before the expiration of the isolation period, and enter public places or public transport; (2) Suspected patients infected with pneumonia in novel coronavirus refused isolation treatment or left isolation treatment before the expiration of the isolation period, and entered public places or public transportation vehicles, causing the spread of novel coronavirus, and may be suspected of endangering public safety by dangerous methods, and will be convicted and punished in accordance with the provisions of Article 114 and Article 115, paragraph 1 of the Criminal Law.

21

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 will be given 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 substandard medical equipment and severely punished according to law.

21

Whoever, in violation of relevant state regulations, drives up the prices of masks or other articles that are urgently needed for epidemic prevention and control, and makes huge profits, 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 having other illegal business operations that seriously disrupt the market order, which constitutes the crime of illegal business operation.

22

During the epidemic prevention and control period, anyone who fabricates false epidemic information and spreads it in public places such as the Internet, or knowingly helps to spread and spread it, is 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 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. Suspected of violating Article 25 of the Law on Public Security Administration Punishment, detained for more than 5 days and less than 11 days, and may be fined up to 511 yuan; If the circumstances are minor, they shall be detained for less than 5 days or fined for less than 511 yuan. Those who seriously disturb social order may be suspected of violating Article 291st of the Criminal Law, which constitutes the crime of fabricating and intentionally spreading false information.

23

During the epidemic prevention and control period, restaurants or pharmacies failed to implement epidemic prevention and control measures such as "one meter line", "wearing masks" and "taking temperature", which is suspected of violating Item 4 of Article 49 of the Emergency Response Law: "After natural disasters, accidents or public health incidents occur, people's governments performing unified leadership duties may take one or more of the following emergency measures: (IV) The market supervision and management department shall order it to make corrections, restore the management order set by the government and realize the measures set by the government.