Source:
https://tech.sina.com.cn/roll/2020-0...z0028993.shtml
Heilongjiang cracks down on crimes related to epidemic prevention and control: maximum death penalty for embezzlement of funds
Original title: Heilongjiang cracks down on crimes related to epidemic prevention and control: the highest death penalty for embezzlement of funds
CCTV News February 3rd news, in order to give full play to the people's court's criminal trial function, to maintain a safe and stable social order and the legitimate rights and interests of the people, to ensure that the Party Central Committee, the State Council, the Heilongjiang Provincial Party Committee and the Provincial Government have various measures for the prevention and control of new coronavirus epidemics. The deployment requirements were successfully implemented. The Heilongjiang Provincial High People's Court issued and issued the "Emergency Notice on Severely Combating Criminal Crimes Related to Epidemic Prevention and Control", and arranged for the province's courts to properly and properly conduct criminal trials related to epidemic prevention and control. Deploy and severely punish 36 types of criminal crimes in 9 categories involved in epidemic prevention and control according to law.
I. Crimes against national security
1. Use of the new coronavirus epidemic to create and spread rumors, incite secession of the country, disrupt national unity, or incite subversion of state power and overthrow of the socialist system may be suspected of violating Article 103 of the Criminal Law of the People's Republic of China. The second paragraph of Article 105 and Article 105 violate the "offence of inciting secession of the state" and "offense of inciting subversion of state power", and the maximum sentence is 15 years.
Crimes against public safety
2. Intentional transmission of new coronavirus pathogens, endangering public safety, may be suspected of violating the provisions of Article 114 and Article 115, Paragraph 1 of the Criminal Law of the People's Republic of China, and violating "hazards by dangerous methods" Public safety crime ", the highest sentence is the death penalty.
3. Whoever refuses to undergo quarantine, compulsory quarantine or treatment and whose negligence causes the transmission of a new coronavirus with serious circumstances and endangers public safety may be suspected of violating the provisions of Article 115, Paragraph 2 of the Criminal Law of the People's Republic of China, and violated "The crime of negligently endangering public safety in a dangerous way" was sentenced to a maximum of seven years.
4. In order to prevent the spread of the new type of coronavirus, unauthorized acts such as setting up a card to intercept, breaking the road or blocking traffic may be suspected of violating Articles 117 and 119 of the Criminal Law of the People's Republic of China. It stipulates that the crime of "damaging transportation facilities" and "damaging transportation vehicles" is punishable by the death penalty.
3. Crimes against public health
5. As a patient who has been infected with or suspected of a new type of coronavirus, 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 should be unconditionally implemented in conjunction with isolation treatment and refusal to cooperate may be suspected of violating the third term of the Criminal Law of the People's Republic of China Article 130 provides a maximum sentence of seven years for "offending against the prevention of infectious diseases".
6. Illegal practice of medicine without obtaining a doctor's qualification, causing serious circumstances such as misdiagnosis and treatment of infected patients, carriers of pathogens, suspected patients, or causing cross infection, may be suspected of violating Article 336 of the Criminal Law of the People's Republic of China A clause provides that the offence of "illegal medical practice" is punishable by a maximum sentence of 15 years.
Crimes Disrupting Public Order
7. Violence and threats that prevent staff of state agencies and Red Cross staff from performing preventive and control measures such as epidemic prevention, quarantine, compulsory quarantine, and quarantine treatment for the prevention and control of new types of coronaviruses may be suspected of violating the "China According to Article 277 of the Criminal Law of the People's Republic, the offence of "obstructing public affairs" is punishable by a maximum sentence of three years.
8. Fabricating false or terrorist information related to the new coronavirus epidemic, or knowingly disseminating such false or terrorist information and intentionally disseminating it, seriously disrupting social order, may be suspected of violating the 290th of the Criminal Law of the People's Republic of China The one-by-one rule violates the "crime of fabricating and intentionally disseminating false terrorist information" and the "crime of fabricating and intentionally disseminating false information", and the maximum sentence is 15 years.
9. During the period of prevention and control of the new coronavirus epidemic, forcibly forcing or arbitrarily damaging or occupying public and private property, or causing trouble in public places, causing serious chaos in public places, may be suspected of violating the Criminal Law of the People's Republic of China According to Article 293, the offence of "provoking trouble" is punishable by a maximum sentence of ten years.
10. During the period of prevention and control of the new coronavirus epidemic, if people gather to “smash and rob” and cause injury or death, they may be suspected of violating Article 289 and 234 of the Criminal Law of the People ’s Republic of China. The provisions of Article 232 and Article 232 violate the "Intentional Injury Crime" and "Intentional Homicide Crime", and the maximum sentence is the death penalty. The chief elements who destroy or steal public and private property may be suspected of violating the provisions of Articles 289 and 263 of the Criminal Law of the People's Republic of China, committing the crime of “robbery” and sentenced to the death penalty.
V. Crimes of producing and selling counterfeit goods
11. During the period of prevention and control of the new coronavirus epidemic, the production and sale of fake and inferior control and protection products and materials, or the production and sale of counterfeit and inferior medicines used to prevent and treat infectious diseases constitute a crime and may be suspected of violating the "Chinese People" The provisions of Article 140, Article 141, and Article 142 of the Criminal Law of the Republic violate the "crime of producing and selling fake and shoddy products", the crime of producing and selling counterfeit medicines, and the Drug crimes ", the maximum sentence is the death penalty.
12. During the prevention and control of new coronavirus epidemics, the production of medical devices and medical sanitary materials that do not meet the national and industrial standards to protect human health, or the sale of new coronaviruses Medical devices and medical and sanitary materials that do not meet the national and industrial standards for human health protection, have no protection and treatment functions, and are sufficient to seriously endanger human health; medical institutions or individuals know or should know that the provisions of the preceding paragraph do not meet the guarantees. People who purchase national medical standards, industry standards for medical devices, and medical and health materials and use them for a fee may be in violation of the provisions of Article 145 of the Criminal Law of the People's Republic of China, violating "production, sales that do not meet standards The crime of medical equipment "has a maximum sentence of no sentence.
Crimes disrupting market order
13. Violating national regulations on market operations and price management during the prevention and control of new coronavirus epidemics, driving up prices, making huge profits, severely disrupting market order, large amounts of illegal income or other serious circumstances, may be suspected of violating the "China Article 225 (4) of the Criminal Law of the People's Republic violates the "illegal business crime" and is punishable by a maximum sentence of 15 years.
14. Advertisers, advertising operators, and advertising publishers violated state regulations by using the name of prevention and control of the new coronavirus epidemic to use advertisements to make false publicity of the products or services being promoted, causing many people to be deceived. If there are major or other serious circumstances, they may be suspected of violating the provisions of Article 222 of the Criminal Law of the People's Republic of China, committing the crime of "false advertising", and sentenced to a maximum sentence of two years.
Corruption and Property Offences
15. Corruption, embezzlement or misappropriation of funds or materials used to prevent or control the new type of coronavirus or misappropriation for personal use constitutes a crime, which may be suspected of violating Articles 382 and 383 of the Criminal Law of the People's Republic of China The provisions of Article 271, Article 384, and Article 272 violate the crimes of “corruption”, “offence of occupation”, “crime of embezzlement of public funds”, and “crime of embezzlement of funds”. Sentenced to death.
16. If misappropriation of relief, preferential treatment, relief, etc. used for the prevention and control of the new coronavirus epidemic constitutes a crime, the person directly responsible may be suspected of violating the provisions of Article 273 of the Criminal Law of the People's Republic of China, Offense of "misappropriation of specific funds and materials", with a maximum sentence of seven years.
17. During the period of prevention and control of the new coronavirus epidemic, fraudulent amounts of public and private property may be suspected of violating the Criminal Law of the People's Republic of China under the name of developing, producing, or selling disaster supplies for the prevention and control of the new coronavirus epidemic. According to Article 266, the offence of "fraud" is punishable by a maximum sentence.
18. The use of infected, suspected patients or close contacts during the quarantine period to steal public and private property may be suspected of violating the provisions of Article 264 of the Criminal Law of the People ’s Republic of China and committing the crime of “theft”. Sentenced indefinitely.
Crimes of malfeasance
19. In the work of preventing and controlling the new coronavirus epidemic, the staff of state agencies who have the responsibilities of organizing, coordinating, directing, disaster investigation, control, medical treatment, information transmission, transportation, material security, etc. abuse their powers or neglect Duties that cause significant losses to public property, the state, and the interests of the people may be suspected of violating the provisions of Article 397 of the Criminal Law of the People's Republic of China, committing the crime of "abuse of power", "offence of negligence of duty", and sentenced to a maximum sentence of ten years .
20. Staff of state-owned companies, enterprises and institutions, in the prevention and control of new coronavirus epidemics, due to serious irresponsibility or abuse of power, caused state-owned companies, enterprises to go bankrupt or suffered serious losses, resulting in major losses to national interests May be suspected of violating the provisions of Article 168 of the Criminal Law of the People's Republic of China, committing the offence of "state-owned company and enterprise personnel negligence", "state-owned company and enterprise personnel abuse of power", "state-owned enterprise personnel crime of negligence", The crime of abusing powers of personnel of state-owned institutions "was sentenced to a maximum of seven years.
21. During the period of prevention and control of the new coronavirus epidemic, staff members of government health administration departments engaged in the prevention and control of infectious diseases, or persons engaged in official duties in organizations entrusted by government health administration departments to perform functions on behalf of government health administration departments, or Those who are included in the staffing of the government health administration department but are engaged in public affairs in the government health administration department are seriously irresponsible in exercising their powers on behalf of the government health administration department, leading to the spread or epidemic of infectious diseases. If the circumstances are serious, they may be suspected of violating the According to Article 409 of the Criminal Law of the People's Republic, the offence of "offense of negligence in the prevention and control of infectious diseases" is punishable by a maximum sentence of three years.
After the state has taken preventive and control measures against the new coronavirus epidemic, one of the following situations is considered to be "severe" under the above-mentioned suspected violation of Article 409 of the Criminal Law of the People's Republic of China:
(1) In areas where new-type coronavirus epidemics have occurred, or patients with new-type coronaviruses, carriers of pathogens, and patients with suspected infectious diseases, they have not done epidemic prevention, quarantine, quarantine, and protection in accordance with the requirements of the work code for prevention and control of new-type coronavirus epidemics. And rescue work, or improper preventive and control measures taken, which have caused the expansion of the scope of infection or increased epidemic and disaster situations;
(2) Concealing, postponing, lying, or instigating, instigating, or forcing others to conceal, postpone, or falsely report an epidemic situation or disaster, which causes the scope of infection to expand or the epidemic situation or disaster to worsen;
(3) Refusing to implement the decision or order of the new-type coronavirus epidemic emergency response commanding agency, which causes the scope of infection to expand or the epidemic situation or disaster to worsen;
(4) Those with other serious circumstances.
9. Crimes of sabotaging environmental protection
22. Violating relevant national regulations such as the Law on the Prevention and Control of Infectious Diseases, discharging, dumping or disposing of wastes, toxic substances or other hazardous wastes containing pathogens of infectious diseases into the land, water bodies, or the atmosphere, causing major environmental pollution accidents such as the spread of new coronaviruses, resulting in If the property suffers serious losses or serious consequences of personal injury or death, it may be suspected of violating the provisions of Article 338 of the Criminal Law of the People's Republic of China and committing a crime of "polluting the environment" with a maximum sentence of seven years. Other criminal crimes involved in the prevention and control of the epidemic shall be handled in accordance with the relevant provisions of the Criminal Law of the People's Republic of China.
(Originally entitled: "The highest death penalty! Heilongjiang High Court cracks down on crimes related to epidemic prevention and control")
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