National procuratorial organs handle typical cases of crimes obstructing the prevention and control of the new crown pneumonia epidemic in accordance with the law
(third batch)
1. Punish crimes obstructing the prevention and control of infectious diseases in accordance with the law
[Legal principles]
Institutions in accordance with the prevention and control measures proposed by the Infectious Disease Prevention and Control Law, which cause the spread of the new coronavirus or have a serious risk of transmission, and do not comply with the provisions of Article 114 of the Criminal Law and the first paragraph of Article 115, shall be subject to Article 1 of the Criminal Law. Article 330 provides for conviction and punishment for the crime of obstructing the prevention and control of infectious diseases. The
new coronavirus has the characteristics of strong contagion, rapid spread, and difficulty in prevention and control. In addition, the actual situation of high mobility during the Spring Festival brings great challenges to the prevention and control of the epidemic. In order to effectively stop the spread of the virus and prevent the spread of the epidemic, governments at all levels have formulated measures to prevent and control the epidemic in accordance with relevant laws and regulations, including strengthening the inspection, registration, and follow-up of personnel returning from key epidemic areas, and focusing on tracking and urging personnel from epidemic areas. Monitoring the health status of people’s health, promptly report any abnormalities and take corresponding prevention and control measures; implement prevention and control measures with full coverage of communities (villages), buildings (natural villages), and families, and require personnel returning from the epidemic area to the village branch or community Registration, physical examination, active isolation, etc. Therefore, relevant organizations and individuals have the responsibility and obligation to cooperate with local governments at all levels and relevant departments in the prevention and control of the epidemic. Those who fail to comply with relevant prevention and control regulations, hinder the prevention and control of infectious diseases, cause the spread of the new crown virus, or have a serious risk of transmission, shall be punished in accordance with the law.
In practice, attention should be paid to distinguish between the crime of endangering public safety by dangerous means and the crime of obstructing the prevention and control of infectious diseases. According to the "Opinions on Punishment of Illegal Crimes Obstructing the Prevention and Control of the Novel Coronavirus Pneumonia Epidemic Prevention and Control" (hereinafter referred to as the "Opinions") of the "Two Highs and Two Ministries", the crime of obstructing the prevention and control of infectious diseases should generally be found except for the following two situations: One is a confirmed patient with new coronary pneumonia or a pathogen carrier who refuses to be treated in isolation or leaves the isolation treatment before the expiry of the isolation period and enters public places or public transportation; the other is a patient suspected of new coronary pneumonia who refuses to be treated in isolation or has not been in isolation. Man escaped from isolation treatment without authorization and entered public places or public transportation, causing the spread of the new coronavirus. In addition, should also be convicted and punished for the crime of endangering public safety by dangerous means for maliciously spreading the virus and infecting others out of subjective intentions such as revenge against the society, if it knows that it has been diagnosed with a new coronary pneumonia patient or a suspected patient.
Case 1: Liang Moumou, Ren Mojun, Ren Mohui and others in Neiqiu County, Hebei Province were suspected of obstructing the prevention and control of infectious diseases
The suspect Liang Moumou and his wife Liu Moumou were from Neiqiu County, Xingtai City, Hebei Province. After retiring, he has lived with his daughter in Wuhan for a long time. Around January 15, 2020, Liu Moumou (later diagnosed as a patient with new coronary pneumonia, deceased) developed cold and cough symptoms. On January 17, Liang Moumou, Liu Moumou, their daughter, son-in-law and grandson's family of five drove a car from their residence in Hongshan District, Wuhan City, Hubei Province to their residence in a village in Neiqiu County. On the way, Liang Moumou and his family did not take any protective measures and entered and exited public places such as gas stations and public toilets in Hubei and Henan expressway service areas. After returning to their residence in a village in Neiqiu County, Liang's family did not take protective measures. They entered and left public places such as the Jiayuan Hypermarket in Neiqiu County, Tianyicheng Shopping Mall in Xingtai City and other public places, and had dinner with many people in restaurants. Unspecified majority population contact. After returning to a village in Neiqiu County from Wuhan, Liu Moumou's cough symptoms intensified. At 6 o'clock on January 18, Liu Moumou went to the village doctor's clinic in his village and invited the village doctor to go to his home for infusion every morning until January. 23rd. At about 6 o'clock on January 31, Liu XX developed symptoms of cough and chest tightness, Liang XX sent Liu XX to the Department of Cardiology, Neiqiu County Hospital of Traditional Chinese Medicine. On the evening of February 4, Liu Moumou was transferred to Xingtai City People's Hospital for treatment due to his worsening condition. On February 6, Liu XX was diagnosed as a "confirmed case of pneumonia caused by new coronavirus infection", and on February 8, Liu XX died of "critically severe new coronavirus pneumonia".
From January 20th to 23rd, Neiqiu County, Xingtai City, comprehensively investigated the situation of returning people from Wuhan City. The criminal suspect Liang Mo knows that his original work unit and Neiqiu County villages and towns and other relevant departments are investigating and deliberately concealing the situation. especially when Liu Mo went to the Neiqiu County Traditional Chinese Medicine Hospital and the people of Xingtai City on January 31 During the hospital visit, the medical staff of the city and county hospitals repeated many timesWhen asked whether Liang XX had been to Wuhan and had contact with outsiders, Liang XX still deliberately concealed or denied it. It was not until February 6 that Liu Moumou became seriously ill. After repeated questioning by medical staff of Xingtai City People's Hospital, Liang Moumou admitted that he had returned from Wuhan.
The criminal suspect was the secretary of the party branch of a village in Neiqiu County of the military department. According to the arrangements of the county and town governments and other departments, was fully responsible for the arrangement of personnel returning from the epidemic areas in Hubei and Wuhan during the epidemic prevention and control period. Knowing that Liang had returned from Wuhan, he refused to perform the corresponding duties, did not report to the relevant departments, concealed the fact that Liang had returned from the epidemic area of Wuhan, and at the same time notified the village director Ren Mouhui through WeChat to let him notify Liang Mo concealed the fact of returning from Wuhan.
The suspect Ren Mouhui is the village director of a village in Neiqiu County. According to the arrangement of the county and town government and other departments, he is responsible for investigating whether Liang's family area has returned from the epidemic area of Wuhan during the epidemic prevention and control period. . Ren Mohui, knowing that Liang Moumou and his family had returned home from Wuhan, refused to perform corresponding duties, did not report to relevant departments, concealed the fact that Liang Moumou and his family returned home from the epidemic area Wuhan, and at the same time instructed Liang XX transferred and concealed his Wuhan license plate.
As of February 20, 153 close contacts and 356 indirect contacts in Qiaodong District, Qiaoxi District, and Neiqiu County of Xingtai City who were in contact with Liu XX, a patient with new coronary pneumonia, have all been isolated and observed for 14 days. . At the same time, Neiqiu County Traditional Chinese Medicine Hospital, Neiqiu County Jialeyuan Supermarket, five villages and four residential communities in Neiqiu County are all closed, and Wei Mou Dental Clinic, Qiaodong District, Xingtai City, and No. 8 Building in Liangshi District are all closed . On February 6, Liang Moumou was a close contact of Liu Moumou and Ren Mohui was an indirect contact person of Liu Moumou, and the two were placed under quarantine for observation.
On February 7th, due to suspected crimes, the Neiqiu County Public Security Bureau filed an investigation against Liang Moumou, Ren Mohui and others. The Neiqiu County Procuratorate coordinated with the public security organs to intervene in advance on the same day and collected and fixed evidence under the guidance of the Xingtai City Procuratorate. Guiding opinions were put forward for improvement, qualitative, etc., and through communication with the public security organs and procuratorial organs at the county and city levels, a consensus was reached on the qualitative nature of the case. On February 10, the public security organs imposed compulsory residential surveillance measures against Liang and Ren, and continued to isolate the two. On February 15, compulsory residential surveillance measures were taken against Ren. On February 20, the Public Security Bureau of Neiqiu County transferred to for review and prosecution with Liang Moumou, Ren Moujun, and Ren Mouhui suspected of obstructing the prevention and control of infectious diseases. On February 24, Ren Mouhui was lifted from isolation. Currently, Liang Moumou is still under quarantine observation.
Case investigators research evidence collection situation
Case 2: Wei XX, Laibin City, Guangxi Zhuang Autonomous Region, suspected of obstructing the prevention and control of infectious diseases
Criminal suspect Wei XX has been working at a fruit shop in the South China Fruit Wholesale Market in Wuhan City, Hubei Province for a long time. The South China Seafood Market is about 2 kilometers away. On January 23, 2020, Wei returned to Laibin City on the G439 train before Wuhan was severely "closed" due to the new crown pneumonia epidemic, and lived with his wife Zhang and his family in a community in Xingbin District, Laibin City . On January 25, the community asked him to stay at home. Wei Moumou did not stay at home as required. From January 26th to 29th, he went out to buy vegetables or visit relatives and friends, attended the funeral of Zhang's mother, and had close contact with many people. On January 30, Wei's wife, Zhang, developed cough symptoms, and the two came to Bin City People's Hospital for an examination. On February 6, Zhang was diagnosed with new coronary pneumonia and was treated in isolation. The next day, Wei was also diagnosed with new coronary pneumonia and was treated in isolation. On February 8, Zhang Moufeng, Wei Mouguang, Wei Mouxu, and Wei Mouyi who were in close contact with Zhang XX during the funeral were all diagnosed with new coronary pneumonia. On February 9, they were close to Zhang XX during the funeral. Zhang Moujiao, Wei Mousi, Cheng Mouwei, and Cheng Mouwei who were in contact were also diagnosed with new coronary pneumonia. Because Wei Moumou returned from Wuhan during the outbreak of the new crown pneumonia epidemic, and his wife Zhang Moumou, who was in close contact with him, has been diagnosed with new coronary pneumonia. On February 6, Wei Moumou’s residential area and surrounding areas were closed because Zhang Moumou returned to his hometown. Attending the funeral of his mother, the village was also closed on the same day, and 122 people who had close contact with the two were quarantined in a hotel for medical observation. The suspect Wei Moumou did not implement the home isolation measures, which caused a large number of people to be infected or quarantined for medical observation, and some areas were closed. At the same time, it caused a bad impact on the society. The local government spent a lot of money on this. Manpower, material resources, financial resources, laterThe result is very serious.
On February 7, the Xingbin Branch of the Public Security Bureau of Laibin City opened a case for investigation on Wei XX due to suspected crimes, and the Xingbin District Procuratorate of Laibin City immediately intervened in the investigation to guide evidence collection. Because Wei XX is suffering from new coronary pneumonia and needs treatment, the public security organs have taken compulsory measures to release him on bail pending trial. He is currently in the process of treatment. According to the procuratorial agency’s recommendation, the public security agency continued the investigation for Wei’s suspected crime of obstructing the prevention and control of infectious diseases, and punished him according to law after he recovered from his illness. The prosecutor
intervened in advance to study the case. Case 3: Li XX, Jinshan District, Shanghai, was suspected of obstructing the prevention and control of infectious diseases
Li XX is a citizen of Guangshui, Hubei and has a residence in Shanghai. On January 23, 2020, Li Moumou, who had been living in Wuhan for three days, learned that Wuhan had implemented the "city closure" management measures at 10 o'clock on the same day, and changed the ticket to return to Shanghai via Nanchang and arrived in Shanghai on the 24th. Starting from January 24, Shanghai has launched a first-level response to major public health emergencies, requiring people from key areas to stay home or quarantine for 14 days. After returning to Shanghai, Li did not stay at home as required. He was worried about contracting the new coronavirus and infecting his family, and he concealed his travel history in Wuhan. He stayed at a hotel in Songjiang District, Shanghai. He lived alone in his Jinshan district home the next day, and on January 25 By the 30th, he had entered and exited public places such as supermarkets, fruit stores, and convenience stores many times. From January 26 to 30, after experiencing symptoms such as cough, poor appetite, fatigue, chest tightness, etc., Li took a bus or taxi to the Jinshan Branch of Shanghai Sixth People’s Hospital for treatment. He violated the epidemic situation during all the consultations. The relevant provisions of the prevention and control measures failed to truthfully state, concealed the travel history of Wuhan, visited a general outpatient clinic, and had close contact with many people in the infusion room. On January 30, after a visit by the police and residents of the neighborhood committee staff, Li Moumou admitted that he had traveled to Wuhan, and signed the "Home Quarantine Observation Commitment", promising not to go out without authorization. On January 31, Li went out without a report, took the bus to the hospital, went to the pharmacy, and continued to conceal his travel history in Wuhan during the treatment. On February 2, when he went to the hospital to see a doctor, he admitted that he had passed through Wuhan under questioning by medical staff, and was later isolated. On February 4, it was confirmed as a case of pneumonia infected by the new coronavirus. After the diagnosis, 55 people who were in close contact with Li Moumou were quarantined for observation, including 11 medical staff, 36 attending hospitals, 5 taxi drivers, 2 supermarket and convenience store staff, and 1 hotel staff .
On February 10, due to suspected crimes, the Jinshan Branch of the Shanghai Public Security Bureau filed a case for Li XX. On that day, the Shanghai Jinshan District People’s Procuratorate dispatched officers to intervene in advance, suggesting that the public security organs strengthen relevant evidence and propose to suspect Li XX Investigating the crime of preventing and controlling infectious diseases. The public security agency on February 13 took compulsory measures against Li Moumou for the crime of obstructing the prevention and control of infectious diseases. Currently, Li Moumou is isolated and observed at the designated isolation point. After being cured, the criminal suspect Li XX was taken compulsory measures and was isolated and observed at the designated isolation point.
2. Punish the crimes of obstructing public affairs according to law
【Subject of Law】
Use violence and threats to obstruct the staff of state agencies (including those who are engaged in public affairs in organizations that exercise the state's administrative powers for epidemic prevention and control in accordance with laws and regulations). Persons engaged in official duties in organizations that are entrusted by state agencies to exercise the powers of epidemic prevention and control on behalf of state agencies, although not included in the staffing of state agencies, are engaged in official duties for epidemic prevention and control in state agencies). For measures such as epidemic prevention, quarantine, compulsory isolation, and isolation treatment, shall be convicted and punished for the crime of obstructing official duties in accordance with the provisions of paragraphs 1 and 3 of Article 277 of the Criminal Law. Those who violently attack the people's police who are performing their duties in accordance with the law shall be convicted of the crime of obstructing official duties and severely punished.
Prosecutors handle such cases of obstructing official duties, provoking quarrels, and deliberate injury caused by resisting control. They must severely punish criminal acts of violent resistance and severely disrupt the epidemic prevention order in accordance with the law, and resolutely maintain the normal epidemic prevention order, but also pay attention to conflicts and disputes. Governance at the source and give full play to the institutional advantages of confessing guilt and punishing leniency in resolving contradictions, eliminating opposition, and promoting harmony. By educating and encouraging criminal suspects to confess their guilt and confess their punishment, it will help to promote their truthful confession, improve the evidence, and help determine the facts of the case, thereby improving the quality of evidence and the efficiency of litigation.
Case 4: Deng XX, Laiwu District, Jinan City, Shandong Province Interfering with Public Affairs
The informant Deng XX is an employee of a food company in Laiwu. At 8 a.m. on February 3, 2020, Deng Moumou went to work without a mask after drinking. Because the company stipulates that he cannot work after drinking and must wear a mask when entering and exiting the company during the prevention and control of the new crown pneumonia epidemic, prevention and control personnel are not allowed He entered the company courtyard and persuaded him to stop it. Deng refused to listen to dissuasion and forcibly jumped into the company from the electric retractable door. When the prevention and control personnel stopped again, Deng became more emotional, and stepped forward to hit the prevention and control personnel on the face, and then had a fight with the prevention and control personnel. After the company called the police, the policeman Xu from Yangzhuang Police Station and the auxiliary police immediately dispatched them to the police. After arriving at the scene, they saw Deng Moumou fighting with a man. When the policeman Xu Moumou stepped forward to stop him, Deng Moumou hit policeman Xu. A slap on the left face of XX caused the law enforcement recorder on Xu’s right shoulder epaulette to fall. When another auxiliary policeman pulled Deng from entering the company, Deng raised his hand and hit the auxiliary police again. , The auxiliary police did not get hit. After the policeman Xu Moumu transferred the law enforcement recorder to the auxiliary policeman, Deng Moumou slapped Xu Moumou on the left side of the face again when he stopped again. The policeman Xu Moumou and the auxiliary policeman Immediately Deng XX took control and brought to the police station. After the video of Deng XX assaulting the police was disseminated on the Internet, it caused very bad effects.
The People's Procuratorate of Laiwu District, Jinan City immediately intervened after receiving the report of the case from the public security organ on the day of the incident to understand the case and evidence. It is recommended that the detention center isolate and detain Deng Moumou during the epidemic prevention and control period. On the afternoon of February 4, the Laiwu District Bureau of the Jinan City Public Security Bureau submitted a request for approval to arrest Deng XX on suspicion of obstructing public affairs. Based on Deng’s behavior and the bad social impact caused by it, the People’s Procuratorate of Laiwu District, Jinan City, on February 5 Deng Moumou made a decision to approve the arrest in accordance with the law. On the afternoon of February 6, the public security agency transferred the case for review and prosecution. The Laiwu District People’s Procuratorate found that: Deng Moumou used violent methods to obstruct the people’s police from performing their duties in accordance with the law during the epidemic prevention and control period, and his behavior constituted a crime of obstructing public affairs. Pleaded guilty and punished education for him, Deng Moumou expressed his guilt and punished, pleaded guilty and repented. On February 7, under the witness of a lawyer, Deng XX voluntarily signed a confession of guilt and punishment. The People's Procuratorate of Laiwu District decided to prosecute Deng XX for applying the leniency system of confession and punishment. The Laiwu District People’s Court of Jinan City opened a court trial on February 12 using expedited procedures. During the trial, the procuratorate prosecuted the defendant Deng Moumou’s criminal facts and the evidence was indeed sufficient. The defendant should be found guilty in accordance with the law. Deng XX violently attacked the people's police who are performing their duties in accordance with the law and should be punished severely; the defendant Deng XX said he pleaded guilty and pleaded guilty. He had no objection to the facts, charges and sentencing recommendations of the charges, and showed repentance. The court made a judgment in court: Defendant Deng Moumou committed the crime of obstructing official duties and was sentenced to ten months in prison.
Defendant Deng Moumou pleaded guilty and punished in court
Court hearing the case of Deng Moumou obstructing public affairs
3. Severely punish the crime of destroying wildlife resources according to law
[Legal Essentials]
, the sale of important national protection and transportation of endangered wildlife Animals shall be convicted and punished for the crime of illegally purchasing, transporting, or selling rare and endangered wild animals in accordance with the provisions of the first paragraph of Article 341 of the Criminal Law.
It is well known that “no trade, no harm”, and illegal purchase, transportation, and sale of rare and endangered wild animals and products of rare and endangered wild animals that constitute a crime shall be cracked down in accordance with the law. Wild animals are an important part of nature. Protecting wild animals, maintaining biodiversity and ecological balance, and promoting harmony between man and nature are an important part of the construction of ecological civilization. In order to strengthen the protection of wild animals, my country’s Criminal Law stipulates the crime of illegal fishing of aquatic products, the crime of illegal hunting and killing of precious and endangered wild animals, the crime of illegally purchasing, transporting, and selling precious and endangered wild animals and products of precious and endangered wild animals, and illegal hunting. Crimes, as well as the crime of smuggling precious animals and precious animal products. In addition, in violation of national regulations, illegally operating non-state key protected wildlife and its products (including opening trading venues, conducting online sales, selling processed food, etc.), disrupting market order, and the circumstances are serious, convicted and punished for illegal business operations; Or it should be known that they were purchased from illegal hunting wild animals, convicted and punished for the crime of concealing or concealing criminal proceeds.
It needs to be emphasized that since the outbreak of the epidemic, the prominent problem of overeating wild animals andA major hidden danger to public health safety. On February 24, 2020, the Standing Committee of the National People’s Congress passed the “Decision on the Total Banning of Illegal Wildlife Trade, Elimination of the Bad Habits of Wild Animals, and Effective Protection of the People’s Life, Health and Safety”. The provisions prohibit the hunting, trading, and transportation of terrestrial wild animals that naturally grow and breed in the wild for the purpose of food, which reflects the state legislature’s strictest legal provisions prohibiting and severely cracking down on all illegal hunting, trading, and eating of wild animals. behavior.
Case 5: Five persons including Liu Moumou in Yutian County, Hebei Province were suspected of illegally purchasing and selling precious wild animals
From November 2019 to January 2020, the suspect Wang Moumou illegally was in Lingyuan, Liaoning Province and other places and from Yin XX purchased a large number of wild animals such as grass rabbits, leopard cats, eagle owls, goshawks, among them, 4 eagle owls, more than 200 grass rabbits, and 15 pairs of pheasants were purchased from Yin. Subsequently, the purchased wild animals were sold to the suspect Yuan XX in Yutian County and profited from it. From November 2019 to January 2020, Yuan Moumou and Liu Moumou illegally sold frozen dead wild animals such as crested bee eagles, goshawks, eagle owls to Shan Moumou twice, and profited from them. In addition, the public security organs are also searching for a large number of dead wild animals in Yuan and Shan. After identification, eagle owl, crested bee eagle, goshawk, etc. are national second-class protected animals; ocelot, grass rabbit, and pheasant are all listed in the "Nationally Protected List of Important Ecological, Scientific, and Socially Valued Terrestrial Wild Animals" Protect the animals.
On January 9, 2020, the Yutian County Public Security Bureau filed an investigation on the suspects Liu Moumou, Yuan Moumou, Wang Moumou, Shan Moumou, and Yin Moumou on suspicion of illegally purchasing rare and endangered wild animals and their products. The People's Procuratorate of Yutian County intervened in the investigation to guide evidence collection. On February 6, the public security agency submitted the case to approve the arrest. On February 10, the People’s Procuratorate of Yutian County charged Liu XX on suspicion of illegally selling precious wild animals, Yuan XX on suspicion of illegally purchasing and selling precious wild animals, and Wang XX on suspicion of illegally purchasing and selling precious wild animals. XX made a decision to approve the arrest on suspicion of illegally purchasing precious wild animals. Yin Moumou was taken compulsory measures to be released on bail pending trial. Currently, the case is under further investigation.
National second-level protected animal eagle owl
detained 3 ocelots from the suspect Liu XX's home
the prosecutor’s office intervened in the investigation and research case
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undertook the highest prosecutor’s case
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