[h=1]Two high and two ministries: severe punishment for various types of illegal crimes that hinder the prevention and control of the epidemic according to law[/h] Published: 2020-02-10 19:37:50 | Source:
Supreme People's Procuratorate | Author: Anonymous
Supreme People's Court Supreme People's Procuratorate Ministry of Public Security Ministry of Justice
Notice on Printing and Distributing the Opinions on Punishing and Preventing Illegal Crimes Influencing New Coronavirus Infection and Pneumonia
Provinces, autonomous regions, municipalities, high people's courts, people's procuratorates, public security departments (bureaus), judicial departments (bureaus), PLA military courts, military procuratorates, Xinjiang Uygur Autonomous Region High People's Court Production and Construction Corps Branch, Xinjiang Production and Construction Corps People's Procuratorate, Public Security Bureau, Justice Bureau:
In order to implement the "Opinions of the Central Committee for the Comprehensive Management of the State on the Law on the Prevention and Control of Pneumonia of New Type Coronavirus Infection and Effective Protection of the People's Health and Safety," which was considered and passed at the third meeting of the Central Committee for the Comprehensive Management of the Law on February 5, 2020, the highest The People's Court, the Supreme People's Procuratorate, the Ministry of Public Security and the Ministry of Justice jointly formulated the "Opinions on Preventing and Controlling Illegal Crimes That Impair Epidemic Situation of New Coronavirus Infection and Pneumonia". It is printed and issued, please implement it carefully in accordance with the actual situation. Please report to the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Justice of new situations and problems encountered in the implementation in a timely manner.
Supreme People's Court Supreme People's Procuratorate Ministry of Public Security Ministry of Justice
February 6, 2020
Supreme People's Court Supreme People's Procuratorate Ministry of Public Security Ministry of Justice
Opinions on Punishing and Preventing Crimes Complicated by New Coronavirus Infection and Pneumonia
In order to punish and prevent illegal and criminal acts that hinder the epidemic of new-type coronavirus infection and pneumonia, protect the lives and health of the people, ensure social stability and orderly, and ensure the smooth development of epidemic prevention and control, according to the relevant laws and judicial interpretations, develop this opinion.
I. Improving political standing and fully understanding the significance of maintaining social stability during the epidemic prevention and control period
People's courts, people's procuratorates, public security organs, and judicial administrative organs at all levels must consolidate their thinking and actions into the spirit of General Secretary Xi Jinping's series of important instructions on prevention and control of pneumonia epidemic of new types of coronavirus infection, and resolutely implement the Party's central policy decisions and deployment, The work arrangement of the Central Leading Group for Response to the New Coronary Virus Infection and Pneumonia Epidemic, in accordance with the requirements of the Central Political and Legal Commission, strengthened the "four consciousness", strengthened the "four self-confidence", and achieved "two safeguards" to always protect the lives and safety of the people. Physical health comes first, resolutely treat epidemic prevention and control as the top priority at present, make good use of laws and regulations, and punish all types of illegal crimes that hinder epidemic prevention and control in a timely and severe manner in accordance with the law in order to win resolutely. The epidemic prevention and control blocking war provides a strong guarantee of the rule of law.
2. Accurately apply the law and severely punish all types of illegal crimes that hinder the prevention and control of the epidemic situation
(1) Severe punishment for crimes against disease prevention and control measures according to law. Intentional transmission of new coronavirus-infected pneumonia pathogens under one of the following circumstances, which endangers public safety, is to endanger public safety in a dangerous manner in accordance with Article 114 of the Criminal Law and Article 115 (1). Conviction and punishment:
1. Patients and carriers of pneumonia who have been diagnosed with a new type of coronavirus, refuse to be quarantined or leave the quarantine without permission, and enter public places or public transportation;
2. Patients suspected of having a new type of coronavirus infection pneumonia refuse to be quarantined or the quarantine period has expired without permission, and enter public places or public transportation, causing the transmission of the new coronavirus.
Others who refuse to implement the preventive and control measures proposed by the health and epidemic prevention agencies in accordance with the Law on the Prevention and Control of Infectious Diseases, which cause the transmission of new types of coronaviruses or are in serious danger of transmission, shall be convicted and punished for the crime of obstructing the prevention and control of infectious diseases in accordance with Article 330 of the Criminal Law.
Violent and threatening methods to hinder the staff of state organs (including those who are engaged in public affairs in organizations that exercise national administrative authority for epidemic prevention and control in accordance with laws and regulations), and organizations entrusted by state organs to exercise epidemic prevention and control authority on behalf of national organs Those who are engaged in public affairs in the country, although not included in the staffing of the state organs, but who are engaged in public affairs for the prevention and control of epidemics in the state organs) shall perform measures such as epidemic prevention, quarantine, compulsory quarantine, quarantine treatment and other measures adopted for the prevention and control of epidemics in accordance with law. The provisions of paragraphs 1 and 3 of Article 277 of the Criminal Law convict and punish the crime of obstructing public affairs. Violent attacks on people's policemen who are performing their duties in accordance with the law shall be convicted and severely punished for the crime of obstructing official duties.
(2) Severe punishment for violent injuries and medical crimes according to law. During the prevention and control of the epidemic, intentionally hurting medical personnel causing serious injuries with more than minor injuries, or performing acts such as tearing protective equipment and spitting on medical personnel, causing medical personnel to be infected with the new coronavirus, in accordance with Article 234 of the Criminal Law Provisions for conviction and punishment for intentional injury.
If the medical personnel are beaten at will, and the circumstances are bad, they shall be convicted and punished for the crime of provoking trouble in accordance with Article 293 of the Criminal Law.
Violent insults or intimidation of medical personnel by violence or other methods, which meet the provisions of Article 246 and Article 293 of the Criminal Law, shall be convicted and punished for the crime of insult or provocation.
Anyone who illegally restricts the personal freedom of medical personnel by not allowing them to leave the workplace, etc., which meets the requirements of Article 238 of the Criminal Law, shall be convicted and punished for the crime of illegal detention.
(3) Strictly punish the crime of fake sales and fakes in accordance with the law. During the epidemic prevention and control period, the production and sale of fake and inferior control and protection products and materials, or the production and sale of fake and inferior medicines for the prevention and treatment of new-type coronavirus infection pneumonia, comply with Article 140 and Article 140 of the Criminal Law. Articles 11 and 142 shall be convicted and punished for the crime of producing and selling counterfeit and inferior products, the crime of producing and selling counterfeit drugs, or the crime of producing and selling inferior drugs.
During the epidemic prevention and control period, if medical masks, goggles, protective clothing and other medical equipment are produced that do not meet the national and industrial standards to protect human health, or medical equipment that is known to be out of compliance with the standard is sufficient to seriously endanger human health, Article 145 of the Criminal Law stipulates that the crime of producing and selling medical equipment that does not meet the standards shall be convicted and punished.
(4) Severe punishment for price crimes in accordance with the law. During the epidemic prevention and control period, in violation of the relevant state market operation and price management regulations, hoarding and hoarding the urgently needed prices of masks, goggles, protective clothing, disinfectant and other protective supplies, medicines or other items related to people's livelihood for epidemic prevention and control, making huge profits If the amount of illegal gains is large or there are other serious circumstances that seriously disrupt the market order, they shall be convicted and punished for the crime of illegal business in accordance with Article 225 of the Criminal Law.
(5) Severe punishment for fraud and congregation to snatch crimes according to law. During the period of epidemic prevention and control, fraudulent use of the name of research, development, production, or sales of articles for epidemic prevention and control to defraud public and private property, or fabrication of facts to defraud the public of donated money and materials, if the amount is large, in accordance with Article 266 of the Criminal Law , Convicted and punished for fraud.
During the period of epidemic prevention and control, in the name of epidemic prevention and control, in the name of epidemic prevention and control, using advertisements to falsely publicize the products or services being promoted, causing many people to be deceived, the amount of illegal income is large, or there are other serious circumstances, according to the Criminal Law The provisions of Article 222 convict and punish the crime of false advertising.
During the epidemic prevention and control period, if the crowd robs the public and private property, especially the epidemic prevention and control and protection materials, if the amount is large or there are other serious circumstances, the chief elements and active participants shall, in accordance with the provisions of Article 268 of the Criminal Law, Assemble the crowd to convict and punish.
(6) Severe punishment for rumor-making crimes according to law. Whoever fabricates false epidemic information and disseminates it on information networks or other media, or knows that it is false epidemic information, deliberately disseminates it on information networks or other media, and seriously disrupts social order, shall comply with Article 291 of the Criminal Law. The provisions of paragraph 2 are convicted and punished for the crime of fabricating and intentionally disseminating false information.
Whoever fabricates false information or knows that it is fabricated and disseminates it on an information network, or organizes or directs personnel to disseminate information on the information network, causes noisy matters, and causes serious disorder in public order, in accordance with Article 293 of the Criminal Law. The fourth paragraph of the first paragraph provides conviction and punishment for the crime of provoking trouble.
If a new type of coronavirus is used to infect the pneumonia epidemic, create or spread rumors, incite the split of the country, undermine the unity of the country, or incite subversion of the state power and overthrow the socialist system, in accordance with Article 103, paragraph 2, Article 105 of the Criminal Law The second paragraph of the article provides for conviction and punishment for the crime of inciting secession or inciting subversion of state power.
If a network service provider fails to fulfill the obligations of information network security management stipulated by laws and administrative regulations and refuses to take corrective measures after being ordered to take corrective measures by the supervisory authority, resulting in the spread of false epidemic information or other illegal information, it shall be in accordance with Article 286 of the Criminal Law. One of the provisions was convicted and punished for the crime of refusing to perform the obligations of information network security management.
Cases of false epidemic information shall be handled in accordance with law, accurately and appropriately. Anyone who maliciously fabricates false epidemic information, creates social panic, stirs up social emotions, and disrupts public order, especially maliciously attacks the party and government, and takes the opportunity to incite subversion of the state power and overthrow the socialist system shall be severely punished according to law. Those who spread false information due to credulity and are not harmful are not punished by crime.
(7) Strictly punish the epidemic situation in accordance with the law to prevent and control misconduct and embezzlement. In the prevention and control of the epidemic, the staff of state organs with responsibilities for organizing, coordinating, directing, disaster investigation, control, medical treatment, information transmission, transportation, material security, etc. abused their powers or neglected their duties, resulting in public property, the state And the people's interests have suffered heavy losses, they shall be convicted and punished for the crime of abusing their powers or negligence in accordance with the provisions of Article 397 of the Criminal Law.
The staff of the health administrative department is seriously irresponsible, fails to perform or seriously performs the duties of prevention and control, which causes the spread or epidemic of new coronavirus infection and pneumonia. If the circumstances are serious, they shall be negligent in the prevention and control of infectious diseases in accordance with Article 409 of the Criminal Law. Conviction and punishment.
Personnel engaged in experiments, preservation, carrying, and transportation of infectious disease strains and virus species in violation of the relevant provisions of the State Council ’s health administrative department, causing the spread of new coronavirus strains with serious consequences, shall be in accordance with the provisions of Article 331 of the Criminal Law. Convicted and punished for the spread of infectious virus.
State staff, personnel entrusted to manage state-owned property, personnel of companies, enterprises or other units, use their facilities to embezzle, intercept, or otherwise illegally possess funds or materials used for the prevention and control of new coronavirus infections of pneumonia, or misappropriate the aforementioned The money and materials are for personal use and comply with the provisions of Articles 382, 383, 271, 384, and 272 of the Criminal Law. Convicted and punished for corruption, embezzlement, misappropriation of public funds, and misappropriation of funds. Misappropriation of relief, preferential treatment, relief, etc. for the prevention and control of new-type coronavirus-infected pneumonia, in accordance with Article 273 of the Criminal Law, the person directly responsible shall be convicted and punished for misappropriation of specific funds and materials.
(8) Severe punishment for crimes against traffic facilities in accordance with law. During the prevention and control of the epidemic, the destruction of tracks, bridges, tunnels, highways, airports, waterways, lighthouses, signs or other destructive activities is sufficient to cause the train, cars, trams, ships, and aircraft to overturn or be in danger of danger. The provisions of Article 117 and Article 119 (1) shall be convicted and punished for the crime of sabotaging traffic facilities.
When dealing with cases of damage to transportation facilities, we must distinguish between specific situations and handle them prudently according to law. In order to prevent the spread of the epidemic, roads are blocked without authorization without obstruction of traffic, and no serious consequences are caused, generally the crimes are not punished and the competent authorities shall correct them.
(9) Severe punishment for crimes against wildlife resources according to law. Those who illegally hunt or kill precious or endangered wild animals under the state's key protection or illegally purchase, transport, or sell precious or endangered wild animals or their products under the state's key protection shall be in accordance with Article 341 of the Criminal Law. It is stipulated that the person shall be convicted and punished for the crime of illegally hunting, killing precious or endangered wildlife or illegally acquiring, transporting, or selling precious, endangered wildlife, or precious or endangered wildlife products.
Violation of hunting regulations, hunting in prohibited hunting areas, prohibited hunting seasons or using prohibited tools or methods to damage wild animal resources, if the circumstances are serious, the crime of illegal hunting shall be pursuant to the provisions of Paragraph 2 of Article 341 of the Criminal Law. Conviction.
In violation of national regulations, illegally operating non-state-protected wild animals and their products (including opening trading venues, online sales, processed food sales, etc.), disrupting market order, and the circumstances are serious, in accordance with Article 225 of the Criminal Law. Provisions of this clause shall be convicted and punished for the crime of illegal business.
Knowing or ought to know that the precious and endangered wild animals and their products that are the state's key protection are illegally purchased for food or other purposes and comply with the provisions of Article 341 of the Criminal Law, the illegal acquisition of precious and endangered wild animals , Precious, endangered wild animal products conviction and punishment.
Anyone who knows or ought to know that it was an illegally hunted wild animal and purchased it complies with Article 312 of the Criminal Law shall convict and conceal the crime of concealing or concealing the proceeds of crime.
(10) Severe punishment for illegal acts that hinder the prevention and control of the epidemic situation. If the implementation of the above-mentioned acts (1) to (9) does not constitute a crime, the public security organs disturb the public order, disrupt the order of the unit, the order of the public place, and cause troubles in accordance with the fictional facts of the Law on Public Security Management Punishment. Decisions, orders, impede the execution of duties, break into guard belts, guard areas, beat others, intentionally hurt, insult others, scam, illegally dig pits, quarry and sand along the railway, steal, damage public facilities on the road, and damage the railway Facilities, equipment, intentional damage to property, looting public and private property, etc. shall be punished for public security management, or other administrative penalties shall be imposed by relevant departments.
For the implementation of related crimes during the epidemic prevention and control period, we must consider them as serious cases, embody strict policy requirements in accordance with the law, and vigorously punish and deter illegal crimes, maintain legal authority, maintain social order, and safeguard people's lives and physical health.
Third, improve and improve the working mechanism to ensure the effectiveness and safety of case handling
(1) Investigate and handle cases in a timely manner. The public security organs shall, in accordance with the law, promptly file a case for investigation and punishment for cases that hinder the prevention and control of the pneumonia epidemic of the new coronavirus infection, and collect comprehensive evidence in a comprehensive manner. For those who refuse isolation treatment or leave the isolation treatment without authorization, the public security organ shall assist medical institutions and relevant departments to take compulsory isolation treatment measures according to law. We must strictly regulate fair and civilized law enforcement.
(2) Strengthen communication and coordination. People's courts, people's procuratorates, public security organs, and judicial administrative organs must strengthen communication and coordination to ensure the smooth investigation, prosecution, trial, and delivery of cases. For major, sensitive and complicated cases, public security organs must promptly listen to the opinions and suggestions of the People's Procuratorate. For major cases with large social influence and high public opinion attention, it is necessary to strengthen organizational leadership, timely report to the society on the progress of the case, clarify the truth, and guide public opinion in accordance with the "three synchronizations" requirements of legal handling, public opinion guidance, and social control. jobs.
(3) Guaranteeing litigation rights. The lawsuit rights, especially the right of defense, of criminal suspects and defendants must be protected in accordance with the law. In accordance with the requirements of full coverage of lawyers' defense in criminal cases, actively organize lawyers to provide defense or legal assistance for defendants who have not appointed defenders in accordance with the law. Judicial administrative agencies at all levels should strengthen guidance and supervision of the work of lawyers' defense agents, guide the majority of lawyers to perform their duties as defense agents in accordance with laws and regulations, effectively safeguard the legitimate rights and interests of criminal suspects and defendants, and ensure the correct implementation of the law.
(4) Strengthen publicity and education. The people's courts, people's procuratorates, public security organs, and judicial administrative organs must conscientiously implement the responsibility system of “who enforces laws and popularizes the law”, and carry out in-depth and detailed publicity and education on the rule of law in conjunction with case handling. It is necessary to select typical cases, interpret the case law, increase warning education, deter illegal criminals, and fully demonstrate the determination to severely punish such illegal crimes in accordance with the law and safeguard the lives and health of the people. It is necessary to guide the general public to abide by the law and discipline, not to believe or spread rumors, to support and cooperate with epidemic prevention and control work in accordance with the law, and to create a good rule of law and social environment for the smooth development of epidemic prevention and control work.
(5) Pay attention to the safety of handling cases. During the period of epidemic prevention and control, handling cases of prevention and control of new coronavirus infection pneumonia cases, case handlers should pay attention to their own safety, raise awareness of prevention, and enhance their self-fulfillment when performing functions such as receiving police, arresting, detaining, interrogating, adjudicating, and executing. Protective and preventive capabilities. Except in cases where face-to-face contact is required by law, written examinations may be used as much as possible. When necessary, video suspects may be used to interrogate suspects, inquire victims, witnesses, and listen to the opinions of defense lawyers. When people's courts try relevant cases during the prevention and control of the epidemic, while adhering to open trials in accordance with the law, they must minimize the gathering of personnel and effectively safeguard the safety and health of the participants in the proceedings, the public, and the court police.
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