Recent
The situation of epidemic protection is grim
Everyone has the responsibility to prevent and control the epidemic
The police reminded the broad masses of the people
The following 30 kinds of epidemic prevention and control violations and violations
And the legal consequences must be understood
I. Conduct that violates the social management order of epidemic prevention and control control
1. Take public transportation, enter and exit public places such as communities, supermarkets, vegetable markets, hotels, etc., and refuse to cooperate with the persuasion of management personnel to wear masks
Suspected of violating Article 23 of the Law of the People's Republic of China on Public Security Administration Punishments (hereinafter referred to as the "Public Security Administration Punishment Law"), a warning or a fine of not more than 200 yuan shall be imposed; if the circumstances are more serious, it 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. Entering and leaving relevant places such as communities, supermarkets, vegetable markets, hotels, etc., refusing to cooperate with health information verification, and refusing to cooperate with identity registration regulations
Suspected of violating article 50 of the "Public Security Administration Punishment Law", a warning or a fine of not more than 200 yuan shall be imposed; if the circumstances are serious, it 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. Residents of sealed or closed communities refuse to cooperate with the management of sealing and control, violate the relevant regulations of the epidemic prevention and control headquarters, and go out or gather without authorization
Violations of article 50 of the "Public Security Administration Punishment Law" will be punished with a warning or a fine of not more than 200 yuan; if the circumstances are serious, they will be punished by detention for 5 days to 10 days, and may also be fined not more than 500 yuan. Where there is a serious risk of the spread of the novel coronavirus, it may be suspected of obstructing the prevention and control of infectious diseases in 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 articles 114 and 115 of the Criminal Law, constituting the crime of endangering public safety by dangerous means.
4. Vehicles and personnel passing through the epidemic prevention and control card point refuse to cooperate with or accept the inspection of the card point staff by punching the card or other methods
Violations of article 50 of the "Public Security Administration Punishment Law" shall be 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 article 330 of the Criminal Law, constituting the crime of obstructing the prevention and control of infectious diseases.
5. People included in the scope of nucleic acid testing do not participate in the nucleic acid testing of the unified organization
Where relevant units and individuals do not cooperate with the investigation, sampling, technical analysis and inspection, and may violate the Public Security Administration Punishment Law, if they violate Article 51 of the Regulations on Emergency Response to Public Health Emergencies, the public security organs will punish them in accordance with law;
6. Personnel with yellow or red health codes who do not follow the provisions of home health monitoring or centralized isolation and observation
7. Concealing the condition, concealing travel information (especially the travel history of key areas), and concealing the history of close contact with confirmed or suspected cases
Violations of article 50 of the "Public Security Administration Punishment Law" will be punished with a warning or a fine of not more than 200 yuan; if the circumstances are serious, they will be punished by detention for 5 days 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 obstructing the prevention and control of infectious diseases, and the 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 articles 114 and 115 of the Criminal Law, constituting the crime of endangering public safety by dangerous means.
8. Refusal to cooperate with the epidemiological investigation of the epidemic carried out by the disease control and public security departments
Violations of article 50 of the "Public Security Administration Punishment Law" will be punished with a warning or a fine of not more than 200 yuan; if the circumstances are serious, they will be punished by detention for 5 days to 10 days, and may also be fined not more than 500 yuan. It may be suspected of the relevant provisions of 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 investigations by means of violence or threats may be suspected of article 277 of the Criminal Law, constituting the crime of obstructing public service.
9. Personnel with symptoms such as fever, dry cough, fatigue, decreased sense of smell and taste, nasal congestion, runny nose, sore throat, conjunctivitis, myalgia and diarrhea, do not follow the requirements of epidemic prevention and control, go to the fever clinic for medical treatment, and dissuade them from being ineffective
Violations of article 50 of the "Public Security Administration Punishment Law" will be punished with a warning or a fine of not more than 200 yuan; if the circumstances are serious, they will be punished by detention 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 article 330 of the Criminal Law, constituting the crime of obstructing the prevention and control of infectious diseases.
10. After the end of centralized isolation, they do not accept health monitoring and management in accordance with regulations, and dissuasion is ineffective
Where the spread of the novel coronavirus is caused or there is a serious risk of transmission, it may be suspected of article 330 of the Criminal Law, constituting the crime of obstructing the prevention and control of infectious diseases.
11. During the epidemic prevention and control period, chess and card stalls and mahjong rooms were set up in family residences, and cold and fever medicines were sold in violation of the law
Violations of article 50 of the "Public Security Administration Punishment Law" will be punished with a warning or a fine of not more than 200 yuan; if the circumstances are serious, they will be punished with detention for 5 to 10 days, and may also be fined not more than 500 yuan; or other administrative punishments will be imposed by the relevant departments.
12. During the epidemic prevention and control period, residents go out in violation of regulations to participate in gathering activities such as playing cards, catering, and entertainment, and dissuading them is ineffective
Where there is a serious risk of the spread of the novel coronavirus, it may be suspected of obstructing the prevention and control of infectious diseases in 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 articles 114 and 115 of the Criminal Law, constituting the crime of endangering public safety by dangerous means.
13. Forge or alter a negative nucleic acid test certificate of a medical institution, use another person's health code, itinerary code, or other means to conceal the itinerary or activity trajectory, deceive the trust of relevant personnel, travel abroad, or enter a public place, causing the spread of the new coronavirus or there is a serious risk of transmission
Violations of article 50 of the "Public Security Administration Punishment Law" will be punished with a warning or a fine of not more than 200 yuan; if the circumstances are serious, they will be punished with detention for 5 to 10 days, and may also be fined not more than 500 yuan; or other administrative punishments will be imposed by the relevant departments. Article 330 of the Criminal Law may be suspected, constituting the crime of obstructing the prevention and control of infectious diseases.
14. Assisting others in evading epidemic prevention and control inspection measures
15. Residents and enterprises do not cooperate with the disinfection work related to epidemic prevention and control, and the dissuasion is ineffective
Where the spread of the novel coronavirus is caused or there is a serious risk of transmission, it may be suspected of 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 investigations by means of violence or threats may be suspected of article 277 of the Criminal Law, constituting the crime of obstructing public service.
2. Violations of the economic management order of epidemic prevention and control control
16. During the epidemic period, malicious hoarding, price gouging, and profiteering
The market supervision and management departments will handle it 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, and it is suspected of violating the state's provisions on market operation and price management during the period of prevention and control of sudden epidemics of infectious diseases and other disasters, inflating prices, making huge profits, and seriously disrupting market order, and the amount of illegal gains is relatively large or there are other serious circumstances, it may be suspected of article 225 of the Criminal Law, constituting the crime of illegal business operation.
17. Produce medical equipment such as medical masks, goggles, and protective clothing that do not meet the national standards and industry standards for protecting human health
The market supervision and management departments are to give administrative punishments. If the circumstances are serious, they may be suspected of being suspected of article 145 of the Criminal Law, and the crime of producing and selling medical equipment that does not meet the standards will be convicted and given a heavier punishment in accordance with law.
18. During the epidemic prevention and control period, public or private property is defrauded under the guise of developing, producing or selling items used for epidemic prevention and control, or fabricating facts to defraud the public of donated funds and materials, and the amount is relatively large
It may be suspected of being suspected of article 266 of the Criminal Law, and be convicted and punished for fraud.
III. Other illegal and criminal acts that violate epidemic prevention and control control
19. Using the novel coronavirus pneumonia epidemic to create or spread rumors, incite separatism, undermine national unity, or incite subversion of state power or overthrow of the socialist system
It may be suspected of being suspected of the second paragraph of article 103 and the second paragraph of article 105 of the Criminal Law, and the case may be filed and investigated for the crime of inciting separatism or inciting subversion of state power.
20. During the epidemic prevention and control period, fabricate false epidemic information, spread it in public places such as the Internet, or knowingly help spread and disseminate false information
Violations of Article 65 of the Emergency Response Law will be punished with an order to make corrections and a warning; if serious consequences are caused, business activities will be suspended or the practice license will be revoked in accordance with law. Violation of Article 25 of the Law on Punishment for Administration of Public Security shall be punishable by detention of not less than 5 days to 10 days, and may also be fined not more than 500 yuan; if the circumstances are less serious, it will be punished by detention of not more than 5 days or a fine of not more than 500 yuan. Where social order is seriously disrupted, it may be suspected of article 291 of the Criminal Law, constituting the crime of fabricating or intentionally disseminating false information.
21. Deliberately leaking information or materials related to personal privacy of persons with infectious diseases, carriers of pathogens, persons suspected of being infected with infectious diseases, or close contacts
Violations of Article 42 of the Public Security Administration Punishment Law will result in detention of not more than 5 days or a fine of not more than 500 yuan; in more serious cases, they will be sentenced to detention for between 5 days and 10 days, and may also be fined not more than 500 yuan. Where citizens' personal information obtained by state organs or educational, medical, or other such units in the course of performing their duties and services is sold or illegally provided to others, and the circumstances are serious, they may be suspected of article 253 of the Criminal Law, constituting the crime of infringing upon citizens' personal information.
22. During the epidemic prevention and control period, intentionally injuring medical personnel causes serious consequences of minor injuries or more, or tears protective equipment, spitting, etc. on medical staff, resulting in medical staff being infected with the new coronavirus
Article 234 of the Criminal Law may be suspected of constituting the crime of intentional injury; if the circumstances are heinous, beating medical personnel at will, if the circumstances are heinous, may be suspected of picking quarrels and provoking troubles in article 293 of the Criminal Law; and if the circumstances are serious or heinous, it may be suspected of insulting or picking quarrels and provoking troubles in articles 246 and 293 of the Criminal Law.
23. Primary level medical and health institutions violate the responsibility system for the first diagnosis and accept fever patients without authorization, causing serious consequences
Business activities will be suspended or the practice license will be revoked in accordance with law. Where the spread of the novel coronavirus is caused or there is a serious risk of transmission, it may be suspected of article 330 of the Criminal Law, constituting the crime of obstructing the prevention and control of infectious diseases.
24. Violating epidemic prevention and control regulations, littering with medical protective equipment such as masks and protective clothing, violating epidemic prevention and control regulations such as the Law on the Prevention and Control of Infectious Diseases, and arbitrarily disposing of medical protective equipment, equipment, medical household waste, and other toxic and harmful substances containing novel coronavirus pathogens, seriously polluting the environment
Article 338 of the Criminal Law may be suspected, constituting the crime 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 articles 114 and 115 of the Criminal Law, constituting the crime of endangering public safety by dangerous means.
25. Where the patient or suspected patient refuses or leaves the isolation treatment without authorization, refuses to isolate for treatment or leaves the isolation treatment without authorization before the isolation period is complete
In violation of the first paragraph of article 39 of the Law on the Prevention and Control of Infectious Diseases, the public security organs may assist medical institutions in employing compulsory isolation and treatment measures.
26. The testing institution has issued an inspection and testing result report or issued a false inspection and testing result report without inspection and testing, or made, sold or purchased a false inspection and testing result report, causing the spread of the new coronavirus or there is a serious risk of transmission
Article 330 of the Criminal Law may be suspected, constituting the crime of obstructing the prevention and control of infectious diseases.
27. Deliberately spreading the pathogen of new crown pneumonia during the epidemic period, endangering public safety
If a person infected with the novel coronavirus resists epidemic prevention and control measures, deliberately spreads the pathogen of the new coronavirus infection pneumonia to endanger public safety, and the patient or pathogen carrier who has been diagnosed with the new coronavirus infection pneumonia refuses to be isolated for treatment or leaves the isolation treatment without authorization before the isolation period is complete, and enters a public place or takes public transportation; Those causing the spread of the novel coronavirus may be suspected of articles 114 and 115 of the Criminal Law, constituting the crime of endangering public safety by dangerous means.
28. Personnel engaged in experimentation, preservation, carrying, or transportation of strains and poisons of infectious diseases violate the relevant provisions of the administrative department of health under the State Council, causing the spread of strains and poisons of infectious diseases, with serious consequences
Article 331 of the Criminal Law may be suspected of constituting the crime of spreading infectious disease strains and poisonous species.
29. Violating the provisions of border health and quarantine, taking evasion, obfuscation or other means when entering or leaving the country, and not accepting medical examinations, health inspections and necessary sanitary treatment of persons or articles by border health and quarantine organs, as well as other violations of the obligation to accept border health and quarantine, causing the spread of quarantine infectious diseases
It may be suspected of article 332 of the Criminal Law, constituting the crime of obstructing national border health and quarantine.
30. Evading quarantine of prohibited imported goods stipulated in the Law on the Quarantine of Animals and Plants Entering or Leaving The Territory, or failing to effectively control and dispose of prohibited imports into the territory, resulting in their escape or spread
It may be suspected of article 337 of the Criminal Law, constituting the crime of obstructing the prevention and quarantine of animals and plants.
Police alert
More understanding, more security.
The epidemic protection situation is grim, and everyone is responsible for epidemic prevention and control! The general public is invited to raise awareness of epidemic prevention and control, and the police will pursue responsibility for refusing to cooperate with the epidemic prevention and control work in accordance with the law and promote the implementation of epidemic prevention and control measures.
Source: Anhui Legal Daily