sharon sanders
Editor-in-Chief & President
Epidemic Prevention Release "Law" | What legal responsibility should I bear for refusing to cooperate with epidemic prevention, deliberately concealing the itinerary, or holding group dinners in violation of regulations?
Release time: 2022-01-31
In order to further compress and consolidate the "quartet responsibility" of epidemic prevention and control, and promote the publicity and education of relevant laws, regulations and policies for the prevention and control of the new coronary pneumonia epidemic. From January 30, Red Star News launched a special report to guide units and individuals to actively participate in epidemic prevention and control work, actively fulfill their prevention and control obligations, and form a good atmosphere for the whole society to participate in epidemic prevention and control in an orderly and lawful manner.
↑On November 7, 2021, Sichuan Suining nucleic acid detection emergency drill data map according to Oriental IC
Today's concern: What kind of legal responsibility should individuals bear if they violate relevant regulations during the epidemic prevention and control period?
1. What legal responsibilities will be assumed for obstructing the prevention and control of new coronary pneumonia, disobeying, not cooperating or refusing to implement relevant government decisions, orders or measures, such as refusing to show a health code when entering a public place, not cooperating with temperature detection and registration, etc.?
Answer: Article 66 of the Emergency Response Law stipulates that any unit or individual who violates the provisions of this Law, does not obey the decisions or orders issued by the local people's government and its relevant departments, or does not cooperate with the measures taken by them according to law, constitutes a violation of public security. Management acts shall be punished by the public security organs in accordance with the law.
Article 50 of the "Public Security Administration Punishment Law" stipulates that whoever refuses to implement the decisions or orders issued by the people's government in accordance with the law in an emergency, or obstructs the staff of state organs from performing their duties according to law, shall be given a warning or a fine of not more than 200 yuan; In serious cases, they shall be detained for not less than five days but not more than 10 days, and may also be fined not more than 500 yuan.
The "Opinions on Legally Punishing Illegal Crimes Obstructing the Prevention and Control of the Novel Coronavirus Pneumonia Epidemic" jointly issued by the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Justice clearly stipulates that the use of violence and threats to hinder the staff of state organs (including Persons who perform official duties in organizations that exercise the state's administrative powers on epidemic prevention and control in accordance with laws and regulations, and those who perform official duties in organizations that are entrusted by state organs to exercise epidemic prevention and control functions and powers on behalf of state organs, although they are not included in state organs Persons who are staffed but engaged in official duties of epidemic prevention and control in state organs) perform epidemic prevention, quarantine, compulsory isolation, isolation treatment and other measures taken to prevent and control the epidemic in accordance with the law, in accordance with Article 277 of the Criminal Law. According to the provisions of paragraph and third paragraph, the crime of "obstructing public affairs" shall be convicted and punished. Those who violently attack the people's police officers who are performing their duties according to law shall be convicted and punished for the crime of "assaulting a police officer" and shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
2. What legal responsibilities will be assumed for those who have been diagnosed with, suspected to be infected with, or have close contacts with, who refuse to cooperate with quarantine, isolation, and treatment, and leave the quarantine area without authorization?
A: As a person who has been diagnosed with the new coronary pneumonia, suspected of being infected, or a close contact, you should unconditionally implement the prevention and control measures proposed by the health and epidemic prevention agency in accordance with the "Infectious Disease Prevention and Control Law", and cooperate with isolation and treatment.
Anyone who refuses to implement prevention and control measures is suspected of constituting "crime of obstructing the prevention and treatment of infectious diseases" according to Article 330 of the Criminal Law, and can be sentenced to a maximum of seven years in prison.
Those who deliberately conceal that they have passed through an epidemic area, refuse to undergo quarantine or isolation, wantonly contact others, and negligently cause the spread of the new coronavirus, the circumstances are serious, and endanger public safety, according to the provisions of the second paragraph of Article 115 of the Criminal Law, are suspected of It constitutes the crime of "negligently endangering public safety by a dangerous method" and is punishable by up to seven years in prison.
Whoever intentionally spreads the pathogen of the new coronavirus and endangers public safety, is suspected of constituting the crime of "endangering public safety by dangerous means" according to the provisions of Articles 114 and 115 of the Criminal Law, and can be sentenced up to the death penalty .
3. What kind of legal responsibility will be taken for illegally holding large-scale gathering activities during the epidemic?
Answer: During the epidemic period, if the organizer of illegally organizing a group dinner event causes the spread of the virus or has a serious risk of spreading the virus, according to Article 330 of the Criminal Law, it is suspected of constituting "crime of obstructing the prevention and treatment of infectious diseases". According to Article 115 of the "Criminal Law", if a confirmed patient or a suspected patient participates in a group dinner, it may also be suspected of constituting "the crime of negligently endangering public security by a dangerous method and the crime of endangering public security by a dangerous method".
4. What legal responsibilities will individuals and organizations bear if they use the new crown pneumonia epidemic to create and spread rumors?
Answer: Whoever spreads rumors, falsely reports danger, epidemic situation, police situation, or intentionally disrupts public order by other means, shall be detained for not less than five days but not more than 10 days, and may concurrently be sentenced to five days, according to Article 25 of the "Public Security Administration Punishment Law" A fine of not more than 100 yuan; if the circumstances are relatively minor, a detention of not more than five days or a fine of not more than 500 yuan.
Fabricating false and terrorist information related to the new crown pneumonia epidemic, or knowingly spreading such false or terrorist information knowingly, and seriously disrupting social order, according to Article 291 of the Criminal Law, it is suspected of constituting "fabrication". , the crime of intentionally disseminating false terrorist information, "the crime of fabricating and intentionally disseminating false information", can be sentenced to a maximum of five years in prison.
Whoever organizes or instigates personnel to spread on the information network, stir up troubles, and cause serious chaos in public order, shall be convicted and punished for the crime of "picking quarrels and provoking trouble" according to Article 293 of the Criminal Law, with a maximum sentence of five to ten years. The following fixed-term imprisonment, may also be fined.
Those who use the new crown pneumonia epidemic to create or spread rumors, incite splitting the country, undermine national unity, or incite subversion of state power or the overthrow of the socialist system, in accordance with the provisions of Articles 103 and 105 of the Criminal Law, Suspected of "splitting the country", "inciting secession" and "inciting subversion of state power", the maximum penalty is life imprisonment.
5. What criminal responsibility will be borne by those who use violence and threats to obstruct state organ staff and community staff from fulfilling the prevention and control measures taken to prevent and control the new crown pneumonia epidemic, such as epidemic prevention, quarantine, compulsory isolation, and isolation treatment?
Answer: Those who use violence or threats to obstruct state organ staff and community staff from carrying out the prevention and control measures such as epidemic prevention, quarantine, compulsory isolation, and isolation and treatment for the prevention and control of the new coronary pneumonia epidemic in accordance with the law, shall be subject to the Article 27 of the Criminal Law. The stipulations of Article 17 are suspected of constituting the crime of "obstructing public affairs", which can be sentenced to a maximum of three years in prison.
6. During the period of epidemic prevention and control, if you deliberately conceal your itinerary and spread diseases that endanger public safety, what legal responsibilities will you bear?
Answer: According to Article 1 of the Interpretation on Several Issues Concerning the Specific Application of Law in Criminal Cases Obstructing the Prevention and Control of Disasters of Infectious Diseases and Other Disasters issued by the Supreme People's Court and the Supreme People's Procuratorate, the intentional dissemination of pathogens of sudden infectious diseases, Whoever endangers public security shall be convicted and punished in accordance with the provisions of Article 114 of the Criminal Law as "the crime of endangering public security by dangerous means". Those who suffer from sudden infectious diseases or are suspected of sudden infectious diseases and refuse to accept quarantine, compulsory isolation or treatment, and negligently cause the spread of infectious diseases, the circumstances are serious, and endanger public safety, according to the second paragraph of Article 115 of the Criminal Law Provisions, in accordance with the "crime of negligent and dangerous methods endangering public safety" convicted and punished.
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Release time: 2022-01-31
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In order to further compress and consolidate the "quartet responsibility" of epidemic prevention and control, and promote the publicity and education of relevant laws, regulations and policies for the prevention and control of the new coronary pneumonia epidemic. From January 30, Red Star News launched a special report to guide units and individuals to actively participate in epidemic prevention and control work, actively fulfill their prevention and control obligations, and form a good atmosphere for the whole society to participate in epidemic prevention and control in an orderly and lawful manner.
↑On November 7, 2021, Sichuan Suining nucleic acid detection emergency drill data map according to Oriental IC
Today's concern: What kind of legal responsibility should individuals bear if they violate relevant regulations during the epidemic prevention and control period?
1. What legal responsibilities will be assumed for obstructing the prevention and control of new coronary pneumonia, disobeying, not cooperating or refusing to implement relevant government decisions, orders or measures, such as refusing to show a health code when entering a public place, not cooperating with temperature detection and registration, etc.?
Answer: Article 66 of the Emergency Response Law stipulates that any unit or individual who violates the provisions of this Law, does not obey the decisions or orders issued by the local people's government and its relevant departments, or does not cooperate with the measures taken by them according to law, constitutes a violation of public security. Management acts shall be punished by the public security organs in accordance with the law.
Article 50 of the "Public Security Administration Punishment Law" stipulates that whoever refuses to implement the decisions or orders issued by the people's government in accordance with the law in an emergency, or obstructs the staff of state organs from performing their duties according to law, shall be given a warning or a fine of not more than 200 yuan; In serious cases, they shall be detained for not less than five days but not more than 10 days, and may also be fined not more than 500 yuan.
The "Opinions on Legally Punishing Illegal Crimes Obstructing the Prevention and Control of the Novel Coronavirus Pneumonia Epidemic" jointly issued by the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Justice clearly stipulates that the use of violence and threats to hinder the staff of state organs (including Persons who perform official duties in organizations that exercise the state's administrative powers on epidemic prevention and control in accordance with laws and regulations, and those who perform official duties in organizations that are entrusted by state organs to exercise epidemic prevention and control functions and powers on behalf of state organs, although they are not included in state organs Persons who are staffed but engaged in official duties of epidemic prevention and control in state organs) perform epidemic prevention, quarantine, compulsory isolation, isolation treatment and other measures taken to prevent and control the epidemic in accordance with the law, in accordance with Article 277 of the Criminal Law. According to the provisions of paragraph and third paragraph, the crime of "obstructing public affairs" shall be convicted and punished. Those who violently attack the people's police officers who are performing their duties according to law shall be convicted and punished for the crime of "assaulting a police officer" and shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
2. What legal responsibilities will be assumed for those who have been diagnosed with, suspected to be infected with, or have close contacts with, who refuse to cooperate with quarantine, isolation, and treatment, and leave the quarantine area without authorization?
A: As a person who has been diagnosed with the new coronary pneumonia, suspected of being infected, or a close contact, you should unconditionally implement the prevention and control measures proposed by the health and epidemic prevention agency in accordance with the "Infectious Disease Prevention and Control Law", and cooperate with isolation and treatment.
Anyone who refuses to implement prevention and control measures is suspected of constituting "crime of obstructing the prevention and treatment of infectious diseases" according to Article 330 of the Criminal Law, and can be sentenced to a maximum of seven years in prison.
Those who deliberately conceal that they have passed through an epidemic area, refuse to undergo quarantine or isolation, wantonly contact others, and negligently cause the spread of the new coronavirus, the circumstances are serious, and endanger public safety, according to the provisions of the second paragraph of Article 115 of the Criminal Law, are suspected of It constitutes the crime of "negligently endangering public safety by a dangerous method" and is punishable by up to seven years in prison.
Whoever intentionally spreads the pathogen of the new coronavirus and endangers public safety, is suspected of constituting the crime of "endangering public safety by dangerous means" according to the provisions of Articles 114 and 115 of the Criminal Law, and can be sentenced up to the death penalty .
3. What kind of legal responsibility will be taken for illegally holding large-scale gathering activities during the epidemic?
Answer: During the epidemic period, if the organizer of illegally organizing a group dinner event causes the spread of the virus or has a serious risk of spreading the virus, according to Article 330 of the Criminal Law, it is suspected of constituting "crime of obstructing the prevention and treatment of infectious diseases". According to Article 115 of the "Criminal Law", if a confirmed patient or a suspected patient participates in a group dinner, it may also be suspected of constituting "the crime of negligently endangering public security by a dangerous method and the crime of endangering public security by a dangerous method".
4. What legal responsibilities will individuals and organizations bear if they use the new crown pneumonia epidemic to create and spread rumors?
Answer: Whoever spreads rumors, falsely reports danger, epidemic situation, police situation, or intentionally disrupts public order by other means, shall be detained for not less than five days but not more than 10 days, and may concurrently be sentenced to five days, according to Article 25 of the "Public Security Administration Punishment Law" A fine of not more than 100 yuan; if the circumstances are relatively minor, a detention of not more than five days or a fine of not more than 500 yuan.
Fabricating false and terrorist information related to the new crown pneumonia epidemic, or knowingly spreading such false or terrorist information knowingly, and seriously disrupting social order, according to Article 291 of the Criminal Law, it is suspected of constituting "fabrication". , the crime of intentionally disseminating false terrorist information, "the crime of fabricating and intentionally disseminating false information", can be sentenced to a maximum of five years in prison.
Whoever organizes or instigates personnel to spread on the information network, stir up troubles, and cause serious chaos in public order, shall be convicted and punished for the crime of "picking quarrels and provoking trouble" according to Article 293 of the Criminal Law, with a maximum sentence of five to ten years. The following fixed-term imprisonment, may also be fined.
Those who use the new crown pneumonia epidemic to create or spread rumors, incite splitting the country, undermine national unity, or incite subversion of state power or the overthrow of the socialist system, in accordance with the provisions of Articles 103 and 105 of the Criminal Law, Suspected of "splitting the country", "inciting secession" and "inciting subversion of state power", the maximum penalty is life imprisonment.
5. What criminal responsibility will be borne by those who use violence and threats to obstruct state organ staff and community staff from fulfilling the prevention and control measures taken to prevent and control the new crown pneumonia epidemic, such as epidemic prevention, quarantine, compulsory isolation, and isolation treatment?
Answer: Those who use violence or threats to obstruct state organ staff and community staff from carrying out the prevention and control measures such as epidemic prevention, quarantine, compulsory isolation, and isolation and treatment for the prevention and control of the new coronary pneumonia epidemic in accordance with the law, shall be subject to the Article 27 of the Criminal Law. The stipulations of Article 17 are suspected of constituting the crime of "obstructing public affairs", which can be sentenced to a maximum of three years in prison.
6. During the period of epidemic prevention and control, if you deliberately conceal your itinerary and spread diseases that endanger public safety, what legal responsibilities will you bear?
Answer: According to Article 1 of the Interpretation on Several Issues Concerning the Specific Application of Law in Criminal Cases Obstructing the Prevention and Control of Disasters of Infectious Diseases and Other Disasters issued by the Supreme People's Court and the Supreme People's Procuratorate, the intentional dissemination of pathogens of sudden infectious diseases, Whoever endangers public security shall be convicted and punished in accordance with the provisions of Article 114 of the Criminal Law as "the crime of endangering public security by dangerous means". Those who suffer from sudden infectious diseases or are suspected of sudden infectious diseases and refuse to accept quarantine, compulsory isolation or treatment, and negligently cause the spread of infectious diseases, the circumstances are serious, and endanger public safety, according to the second paragraph of Article 115 of the Criminal Law Provisions, in accordance with the "crime of negligent and dangerous methods endangering public safety" convicted and punished.
zhttps://mbd.baidu.com/newspage/data/landingsuper?context=%7B%22nid%22%3A%22news_9444131852574633358%22%7D&n_type=1&p_from=3