Epidemic prevention and control is everyone's responsibility
Here's a reminder
The following 23 kinds of violations of laws and regulations in epidemic prevention and control
And the legal consequences must be understood
Epidemic prevention and control of 23 kinds of violations of laws and regulations
and legal consequences
1. Whoever takes public transportation, enters or exits public places such as neighborhoods, supermarkets, vegetable markets, hotels, etc., and refuses to cooperate with the persuasion of management personnel to wear masks, is suspected of violating Article 23 of the "Law of the People's Republic of China on Punishments for administration of Public Security" (hereinafter referred to as the "Law on Punishments for Administration of Public Security" )) and shall be given a warning or a fine of not more than 200 yuan; if the circumstances are more serious, they shall be detained for 5 to 10 days, and may also be fined not more than 500 yuan. Where the spread of the novel coronavirus is caused or there is a serious risk 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), constituting the crime of obstructing the prevention and control of infectious diseases.
2. Those who enter or leave relevant places such as communities, supermarkets, vegetable markets, hotels, etc., and refuse to cooperate with health information verification or refuse to cooperate with the provisions of identity registration, are suspected of violating article 50 of the "Public Security Administration Punishment Law" and shall be given a warning or a fine of not more than 200 yuan; if the circumstances are serious, they shall be detained for 5 to 10 days, and may also be fined not more than 500 yuan. Where the spread of the novel coronavirus is caused or there is a serious risk of transmission, it may be suspected of violating article 330 of the Criminal Law, constituting the crime of obstructing the prevention and control of infectious diseases.
3. Vehicles and personnel passing through the epidemic prevention and control card point, by means of punching cards or other methods, refuse to cooperate or accept the inspection of the card point staff, are suspected of violating article 50 of the "Public Security Administration Punishment Law" and shall be given a warning or a fine of not more than 200 yuan; if the circumstances are serious, they shall be detained for 5 to 10 days, and may also be fined not more than 500 yuan. Where the spread of the novel coronavirus is caused or there is a serious risk of transmission, it may be suspected of violating article 330 of the Criminal Law, constituting the crime of obstructing the prevention and control of infectious diseases.
4. Where people included in the scope of nucleic acid testing do not participate in the nucleic acid testing organized by the unified organization, they are suspected of violating article 51 of the "Regulations on Emergency Response to Public Health Emergencies", and relevant units and individuals do not cooperate with the investigation, sampling, technical analysis and inspection, and may violate article 50 of the "Public Security Administration Punishment Law", constituting a violation of the administration of public security, the public security organs will punish them in accordance with law; if they are suspected of constituting a crime, they will be investigated for criminal responsibility for the crime of obstructing the prevention and control of infectious diseases in accordance with article 330 of the Criminal Law.
5. Residents of sealed or closed communities who refuse to cooperate with the management of sealing and control, violate the provisions of the "Guidelines for Health Management Work", go out or gather without authorization, are suspected of violating article 50 of the "Public Security Administration Punishment Law", and are given a warning or a fine of not more than 200 yuan; if the circumstances are serious, they shall be detained for 5 to 10 days, and may also be fined not more than 500 yuan. Where the spread of the novel coronavirus or there is a serious danger of transmission, it may be suspected of violating article 330 of the Criminal Law, constituting the crime of obstructing the prevention and control of infectious diseases; where a confirmed patient or pathogen carrier conceals his illness, conceals travel information, enters a public place or takes public transportation, causing the spread of the new coronavirus, may be suspected of violating articles 114 and 115 of the Criminal Law, constituting the crime of endangering public safety by dangerous means.
6. Persons with yellow or red health codes who do not follow the provisions of home health monitoring or centralized isolation and observation are suspected of violating article 50 of the "Public Security Administration Punishment Law" and are given a warning or a fine of not more than 200 yuan; if the circumstances are serious, they are detained for 5 to 10 days, and may also be fined not more than 500 yuan. Where the spread of the novel coronavirus is caused or there is a serious risk of transmission, it 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 in violation of regulations to participate in gathering activities such as playing cards, catering, and entertainment, and are dissuaded ineffectively, are suspected of violating article 50 of the "Public Security Administration Punishment Law" and are given a warning or a fine of not more than 200 yuan; if the circumstances are serious, they are detained for 5 to 10 days, and may also be fined not more than 500 yuan. Where the spread of the novel coronavirus or there is a serious danger of transmission, it may be suspected of violating article 330 of the Criminal Law, constituting the crime of obstructing the prevention and control of infectious diseases; where a confirmed patient or pathogen carrier conceals his illness, conceals travel information, enters a public place or takes public transportation, causing the spread of the new coronavirus, may be suspected of violating articles 114 and 115 of the Criminal Law, constituting the crime of endangering public safety by dangerous means.
8. During the epidemic prevention and control period, if you set up counseling classes, chess and card stalls, mahjong rooms, or illegally sell cold and fever medicines in your family residence, you are suspected of violating article 50 of the "Public Security Administration Punishment Law", and you are given a warning or a fine of not more than 200 yuan; if the circumstances are serious, you may be detained for 5 days to 10 days, and you may also be fined not more than 500 yuan. Where the spread of the novel coronavirus is caused or there is a serious risk of transmission, it 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 provisions, and who are ineffective after persuasion, are suspected of violating article 50 of the "Public Security Administration Punishment Law" and shall be given a warning or a fine of not more than 200 yuan; if the circumstances are serious, they shall be detained for 5 to 10 days, and may also be fined not more than 500 yuan. Where the spread of the novel coronavirus is caused or there is a serious risk of transmission, it may be suspected of violating article 330 of the Criminal Law, constituting the crime of obstructing the prevention and control of infectious diseases.
10. Whoever conceals his illness, conceals travel information (especially his travel history in key areas), or conceals a history of close contact with a confirmed or suspected case, is suspected of violating article 50 of the "Public Security Administration Punishment Law" and is given a warning or a fine of not more than 200 yuan; where the circumstances are serious, he or she shall be detained for 5 to 10 days, and may also be fined not more than 500 yuan. Where the spread of the novel coronavirus or there is a serious danger of transmission, it may be suspected of violating article 330 of the Criminal Law, constituting the crime of obstructing the prevention and control of infectious diseases; where a confirmed patient or pathogen carrier conceals his illness, conceals travel information, enters a public place or takes public transportation, causing the spread of the new coronavirus, may be suspected of violating articles 114 and 115 of the Criminal Law, constituting the crime of endangering public safety by dangerous means.
11. During the prevention and control of novel coronavirus pneumonia, if the staff of the government health administrative department engaged in the prevention and control of infectious diseases is seriously irresponsible, causing the spread or epidemic of novel coronavirus pneumonia, and the circumstances are serious, it may be suspected of violating article 409 of the Criminal Law, constituting the crime of dereliction of duty in the prevention and treatment of infectious diseases.
12. Residents and enterprises that do not cooperate in carrying out disinfection work related to epidemic prevention and control, and are dissuaded ineffectively, are suspected of violating article 50 of the "Public Security Administration Punishment Law" and are punished with a warning or a fine of not more than 200 yuan; if the circumstances are serious, they shall be detained for 5 days to 10 days, and may also be fined not more than 500 yuan. Where the spread of the novel coronavirus is caused or there is a serious risk of transmission, it may be suspected of violating article 330 of the Criminal Law, constituting the crime of obstructing the prevention and control of infectious diseases. Obstructing state organ staff (including those engaged in epidemic prevention and control public affairs in state organs) from lawfully carrying out epidemic investigation work by means of violence or threats may be suspected of violating article 277 of the Criminal Law, constituting the crime of obstructing public service.
13. Whoever refuses to cooperate with the epidemiological investigation of the epidemic carried out by the disease control and public security departments shall be suspected of violating article 50 of the "Public Security Administration Punishment Law" and shall be given a warning or a fine of not more than 200 yuan; if the circumstances are serious, he shall be detained for 5 to 10 days, and may also be fined not more than 500 yuan. It may be suspected of violating article 330 of the Criminal Law, constituting the crime of obstructing the prevention and control of infectious diseases. Obstructing state organ staff (including those engaged in epidemic prevention and control public affairs in state organs) from lawfully carrying out epidemic investigation work by means of violence or threats may be suspected of violating article 277 of the Criminal Law, constituting the crime of obstructing public service.
14. During the epidemic period, where malicious hoarding, price gouging, or profiteering are to be dealt with by the market supervision and management departments in accordance with laws and regulations. Where the amount of illegal gains is relatively large or there are other serious circumstances that seriously disrupt market order, it is suspected of violating the state's provisions on market operation and price management during the prevention and control of sudden epidemics of infectious diseases and other disasters, inflating prices, making huge profits, seriously disrupting market order, and the amount of illegal gains is relatively large or there are other serious circumstances, it may be suspected of violating article 225 of the Criminal Law, constituting the crime of illegal business operation.
15. Whoever, in violation of epidemic prevention and control provisions, litters with masks, protective clothing, and other medical protective equipment, etc., in accordance with article 338 of the Criminal Law, violates the epidemic prevention and control provisions such as the Law on the Prevention and Control of Infectious Diseases, and arbitrarily disposes of medical protective equipment, equipment, medical household waste, and other toxic and harmful substances containing novel coronavirus pathogens, and seriously pollutes the environment, may be suspected of polluting the environment. Deliberately releasing pathogens of COVID-19, seriously endangering public safety, causing serious injury or death, or causing major losses 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 means.
16. For patients or suspected patients who refuse or leave isolation for treatment without authorization, in accordance with the first paragraph of article 39 of the Law of the People's Republic of China on the Prevention and Control of Infectious Diseases, where they refuse to be isolated for treatment or leave isolation for treatment without authorization before the isolation period has expired, the public security organs may assist medical institutions in adopting compulsory isolation treatment measures.
17. Whoever, during the epidemic period, deliberately spreads the pathogen of covid-19 and endangers public safety, may be suspected of violating articles 114 and 115 of the Criminal Law, constituting the crime of endangering public security by dangerous means, and does not cause serious consequences, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years;
18. Persons with symptoms such as fever, dry cough, fatigue, decreased sense of smell and taste, nasal congestion, runny nose, sore throat, conjunctivitis, myalgia, and diarrhea, who fail to follow the requirements of epidemic prevention and control, go to a fever clinic for medical treatment, and if dissuasion is ineffective, they are suspected of violating article 50 of the "Public Security Administration Punishment Law" and are given a warning or a fine of not more than 200 yuan; if the circumstances are serious, they may be detained for 5 days to 10 days, and may also be fined not more than 500 yuan. Where the spread of the novel coronavirus is caused or there is a serious risk of transmission, it may be suspected of violating article 330 of the Criminal Law, constituting the crime of obstructing the prevention and control of infectious diseases.
19. Where persons infected with the new coronavirus resist epidemic prevention and control measures, deliberately spread the pathogen of pneumonia infected with the new coronavirus, endangering public safety, and have one of the following circumstances: (1) a patient or pathogen carrier who has been diagnosed with pneumonia infected with the new coronavirus refuses to be isolated for treatment or leaves isolation and treatment without authorization before the isolation period is complete, and enters a public place or public transportation; (2) a suspected patient with pneumonia infected with the new coronavirus refuses to be isolated for treatment or leaves isolation for treatment without authorization before the isolation period is complete; Those who enter public places or public transportation and cause the spread of the novel coronavirus may be suspected of endangering public safety by dangerous means, and will be convicted and punished in accordance with the provisions of articles 114 and 115, paragraph 1 of the Criminal Law.
20. Where medical equipment such as medical masks, goggles, and protective clothing that does not meet national or industry standards for protecting human health is produced, the market supervision and management departments are to impose administrative penalties. Those whose circumstances are serious may be suspected of violating the provisions of article 145 of the Criminal Law shall be convicted of the crime of producing and selling medical equipment that does not meet the standards, and shall be given a heavier punishment in accordance with law.
21. Whoever, in violation of relevant national regulations, inflates the price of masks or other items involving people's livelihood urgently needed for epidemic prevention and control, makes huge profits, obtains a relatively large amount of illegal gains or has other serious circumstances, and seriously disrupts market order, may be suspected of violating the provisions of article 225 of the Criminal Law and has other illegal business conduct that seriously disrupts market order, constituting the crime of illegal business operation.
22. During the period of epidemic prevention and control, who fabricates false epidemic information, disseminates it in public places such as the Internet, or knowingly helps to spread and disseminate false information, 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 give a warning; if serious consequences are caused, business activities will be suspended or the practice license will be revoked in accordance with law. Suspected of violating Article 25 of the "Public Security Administration Punishment Law", a person who is detained for 5 to 10 days may also be fined not more than 500 yuan; if the circumstances are less serious, he shall be detained for not more than 5 days or fined not more than 500 yuan. Where social order is seriously disrupted, it may be suspected of violating article 291-1 of the Criminal Law, constituting the crime of fabricating or intentionally disseminating false information.
23. During the epidemic prevention and control period, restaurants or pharmacies have not implemented epidemic prevention and control measures such as "one-meter line", "wearing masks", and "measuring body temperature", and are suspected of violating item 4 of article 49 of the Emergency Response Law: "After a natural disaster, accident disaster or public health incident occurs, the people's government performing unified leadership duties may take one or more of the following emergency response measures: (4) Prohibit or restrict the use of relevant equipment or facilities, and close or restrict the use of relevant places, suspension of crowded activities or production and business activities that may lead to the expansion of hazards and adoption of other protective measures". The market supervision and management department shall order them to make corrections, restore to the management order set by the government, and realize the measures set by the government.