Beijing Municipal Government Information Office public number "Beijing Release" news, on the afternoon of October 24, the 246th press conference on the prevention and control of the new crown pneumonia epidemic in Beijing was held. Pan Xuhong, deputy director of the Beijing Municipal Public Security Bureau and spokesman of the Beijing Municipal Public Security Bureau, gave a briefing on the typical cases of public security organs investigating and handling epidemic-related violations and crimes in recent days.
According to the Beijing police, Chen Moulin and Liu Moumin, two confirmed cases in Changping, were criminally investigated, and the heads of the two pharmacies that sold antipyretic drugs to them many times were also criminally investigated.
On October 24, Hu Yongping, a lawyer at Beijing Horizon Law Firm, analyzed in an interview with a Red Star News reporter that Chen Moulin and Liu Moumin in the above cases were suspected of endangering public safety by negligence and dangerous means, and were also suspected of obstructing the prevention and control of infectious diseases.
As for the above two pharmacy leaders, Hu Yongping believes that they may be suspected of obstructing the prevention and control of infectious diseases. If found guilty, they face imprisonment of up to three years or criminal detention.
The scene of the press conference (picture according to "Beijing release")
Two confirmed cases in Changping were criminally filed
Five of those who play mahjong together have been diagnosed
According to the report, the confirmed cases Chen Moulin and Liu Moumin, living in Hongfuyuan Community in Changping District, on October 16, 2021, the two developed sore throat, fever and other symptoms after returning to Beijing from the Ejin Naqi Tour in the Inner Mongolia Autonomous Region, and still ate out and invited many people to play mahjong at their residences. On October 19, after the place of travel was upgraded to a medium-risk area, the two still did not actively report to their communities, did not go to regular hospitals for nucleic acid testing and received formal medical treatment, and only went to pharmacies near the community to purchase thermometers and drugs themselves. At present, 5 people who play mahjong together have been diagnosed, and the public security organs have now filed a criminal investigation against Chen Moulin and Liu Moumin.
With regard to the criminal investigation of Chen Moulin and Liu Moumin, Hu Yongping, a lawyer at Beijing Horizon Law Firm, analyzed that according to the relevant provisions of the Criminal Law of the People's Republic of China and the Interpretation of Several Issues Concerning the Specific Application of Law in Handling Criminal Cases Obstructing the Prevention and Control of Sudden Epidemics of Infectious Diseases and Other Disasters, people with sudden infectious diseases or suspected sudden infectious diseases refused to accept quarantine, compulsory isolation or treatment, and negligently caused the spread of infectious diseases, the circumstances were serious, and public safety was endangered. In accordance with the provisions of the second paragraph of criminal law article 115, the crime of endangering public security by dangerous means by negligence shall be convicted and punished.
Lawyer: He is lucky that he may be infected with new crown pneumonia
It is also laissez-faire about the possibility of contagion to those around it
"The various behaviors of the two patients in Changping show that they are lucky to be infected with the new coronavirus, and they also have a laissez-faire attitude towards the pneumonia that they may infect with the new coronavirus infection to the people around them, and their behavior is suspected of the crime of endangering public safety by dangerous means by negligence." Lawyer Hu Yongping said that if convicted of the crime of negligently endangering public safety by dangerous means, the two will be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and if the circumstances are less serious, they will be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Hu Yongping mentioned that because the two did not strictly implement the prevention and control measures proposed by the health and epidemic prevention agencies in accordance with the Law on the Prevention and Control of Infectious Diseases, resulting in the spread of Class A (or Managed according to Class A) infectious diseases, they may also be suspected of the crime of obstructing the prevention and control of infectious diseases. In this case of competing charges, the judicial organs generally choose to pursue criminal responsibility for crimes with heavier penalties.
The Red Star News reporter noted that the Beijing police also made a reminder at today's press conference:
According to the "Beijing Municipal Regulations on Emergency Response to Public Health Emergencies" and other provisions, domestic and foreign personnel living, working, living, studying, traveling and engaging in other activities in the city should do a good job of self-protection, pay attention to the environment and personal hygiene, and when specific symptoms appear, they should promptly take the initiative to go to the prescribed medical and health institutions for medical treatment; personnel with a history of living in medium- and high-risk areas should take the initiative to report their health status in accordance with relevant regulations, accept and cooperate with centralized or home observation.
Pharmacies have repeatedly sold fever-reducing drugs to confirmed cases
The heads of two pharmacies were criminally investigated
In addition to the above-mentioned cases, the Beijing police also reported a typical case of a pharmacy person in charge of epidemic-related crimes. According to the report, from October 17 to 20, 2021, Yang Mou, the person in charge of the "DeshengKangDa Pharmacy Eleventh Branch" in the west district of Hongfuyuan West District, Changping District, and Wang Mouxian, the person in charge of the "Gaoyuan Baikang Pharmacy" in Hongfuyuan Community, did not follow the regulations in the process of selling antipyretic, cough, cold, sore throat dry medicines to the confirmed cases Chen Moulin and Liu Moumin, and did not follow the regulations to require the purchaser to scan the code of "health treasure" and measure the body temperature, and did not register the drug sales information with real names, resulting in the danger of the spread of the new crown epidemic. At present, the public security organs have separately filed and investigated Yang Mou and Wang Mouxian criminal cases.
In this regard, lawyer Hu Yongping explained that according to the Law on the Prevention and Control of Infectious Diseases and the relevant provisions of the Epidemic Prevention and Control of Beijing Municipality, medical and health institutions and units providing relevant services should conscientiously perform their statutory duties and register and report the information of cold and fever personnel who seek medical treatment and those who purchase cold and antipyretic drugs in accordance with regulations. If the responsible persons of the above two pharmacies fail to strictly implement the prevention and control measures proposed by the health and epidemic prevention agencies in accordance with the Law on the Prevention and Control of Infectious Diseases, resulting in acts that cause the spread of Class A (or managed according to Class A) infectious diseases or have a serious risk of spreading, they may be suspected of the crime of obstructing the prevention and control of infectious diseases. If the crime of obstructing the prevention and control of infectious diseases is constituted, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and if the consequences are particularly serious, he may be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Beijing police also prompted at the press conference:
According to the Law on the Prevention and Control of Infectious Diseases and the relevant provisions of the city's epidemic prevention and control, all units need to strictly implement the "four-party responsibility" and carry out health monitoring, tips and publicity and education on health knowledge for relevant personnel. Medical and health institutions and units providing relevant services shall conscientiously perform their statutory duties, and register and report in accordance with regulations on the information of cold and fever personnel who seek medical treatment and those who purchase cold and antipyretic drugs.
Red Star News reporter Gao Xin reported from Beijing
Edited by Yixi Chen
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