The epidemic situation is repeated
The protection situation is severe
The epidemic prevention and control is everyone's responsibility
remind the general public and friends of the following 30 kinds of
epidemic prevention and control violations of laws and regulations
And the legal consequences must be aware of
violations of the epidemic prevention and control social management order
01
ride the public Those who refuse to cooperate with the management staff to persuade them to wear masks when entering and leaving public places such as communities, supermarkets, vegetable markets, hotels, etc. Suspected of violating Article 23 of the "Public Security Administration Punishment Law of the People's Republic of China" (hereinafter referred to as the "Public Security Administration Punishment Law"), a warning or a fine of not more than 200 yuan shall be imposed; if the circumstances are more serious, the penalty shall be detention for not less than 5 days but not more than 10 days , a fine of not more than 500 yuan may be imposed concurrently. If it causes the spread of the new coronavirus or there is a serious danger of spreading it, it may be suspected of violating Article 330 of the "Criminal Law of the People's Republic of China" (hereinafter referred to as "Criminal Law"), which constitutes the crime of obstructing the prevention and treatment of infectious diseases.
02
refuses to cooperate with health information verification and identity registration regulations when entering or leaving communities, supermarkets, vegetable markets, hotels and other relevant places. Those suspected of violating Article 50 of the "Public Security Administration Punishment Law" shall be given a warning or a fine of not more than 200 yuan; if the circumstances are serious, they shall be detained for not less than 5 days but not more than 10 days, and may also be fined not more than 500 yuan. If it causes the spread of the new coronavirus or there is a serious danger of spread, it may be suspected of violating Article 330 of the Criminal Law, which constitutes the crime of obstructing the prevention and treatment of infectious diseases.
03
Residents of closed and closed communities refuse to cooperate with the management of closure and control, violate the relevant regulations of the epidemic prevention and control headquarters, and go out or gather without authorization. Violation of Article 50 of the "Public Security Administration Punishment Law" will result in a warning or a fine of not more than 200 yuan; if the circumstances are serious, it will be detained for not less than 5 days but not more than 10 days, and a fine of not more than 500 yuan may be imposed. If it causes the spread of the new coronavirus or there is a serious danger of spreading, it may be suspected of Article 330 of the Criminal Law, which constitutes the crime of obstructing the prevention and treatment of infectious diseases; diagnosed patients, pathogen carriers, concealing illnesses, concealing travel information, and entering public Places or taking public transportation, which cause the spread of the new coronavirus, may be suspected of Articles 114 and 115 of the Criminal Law, which constitutes the crime of endangering public safety by dangerous methods.
04
Vehicles and personnel passing through the epidemic prevention and control card point refuse to cooperate and accept the inspection of the card point staff by punching the card or other methods. Violation of Article 50 of the "Public Security Administration Punishment Law" will result in a warning or a fine of not more than 200 yuan; if the circumstances are serious, they will be detained for not less than 5 days but not more than 10 days, and may also be fined not more than 500 yuan. If the new coronavirus is caused to spread or there is a serious danger of spreading, it may be suspected of Article 330 of the Criminal Law, which constitutes the crime of obstructing the prevention and treatment of infectious diseases.
05
The people who are included in the nucleic acid detection range do not participate in the nucleic acid detection of the unified organization. In violation of Article 51 of the " Public Health Emergency Response Regulations ", the relevant units and individuals do not cooperate with the investigation, sampling, technical analysis and inspection, which may violate the "Public Security Administration Punishment Law" and constitute a violation of public security administration. The public security organs shall impose punishments in accordance with the law; those suspected of constituting a crime shall be investigated for criminal responsibility for the crime of obstructing the prevention and treatment of infectious diseases in accordance with Article 330 of the Criminal Law. Persons with
06
health codes with yellow or red codes do not follow the regulations for home health monitoring or centralized isolation and observation. Those suspected of violating Article 50 of the "Public Security Administration Punishment Law" shall be given a warning or a fine of not more than 200 yuan; if the circumstances are serious, they shall be detained for not less than 5 days but not more than 10 days, and may also be fined not more than 500 yuan. If it causes the spread of the new coronavirus or there is a serious danger of spread, it may be suspected of violating Article 330 of the Criminal Law, which constitutes the crime of obstructing the prevention and treatment of infectious diseases.
07
Concealing illness, concealing travel information (especially travel history in key areas), concealing the history of close contact with confirmed or suspected cases. Violation of Article 50 of the "Public Security Administration Punishment Law" will result in a warning or a fine of not more than 200 yuan; if the circumstances are serious, it will be detained for not less than 5 days but not more than 10 days, and a fine of not more than 500 yuan may be imposed. If it causes the spread of the new coronavirus or there is a serious danger of spread, it may be involved in the relevant provisions of Article 330 of the Criminal Law, which constitutes the crime of obstructing the prevention and treatment of infectious diseases; diagnosed patients or pathogen carriers, concealing their illnesses and concealing their itinerariesInformation, entering public places or taking public transportation, causing the spread of the new coronavirus, may be suspected of Articles 114 and 115 of the Criminal Law, which constitutes the crime of endangering public safety by dangerous methods.
08
refused to cooperate with the epidemiological investigation of the epidemic carried out by the disease control and public security departments. Violation of Article 50 of the "Public Security Administration Punishment Law" will result in a warning or a fine of not more than 200 yuan; if the circumstances are serious, it will be detained for not less than 5 days but not more than 10 days, and a fine of not more than 500 yuan may be imposed. May be involved in the relevant provisions of Article 330 of the Criminal Law, which constitutes the crime of obstructing the prevention and treatment of infectious diseases. Whoever obstructs the staff of state organs (including those who are engaged in official duties of epidemic prevention and control in state organs) to carry out epidemic investigation work in accordance with the law by means of violence or threats may be suspected of Article 277 of the Criminal Law, which constitutes the crime of obstructing official duties.
09
Persons with symptoms such as fever, dry cough, fatigue, loss of smell and taste, nasal congestion, runny nose, sore throat, conjunctivitis, myalgia and diarrhea, who did not follow the requirements of epidemic prevention and control, went to the fever clinic for medical treatment, and those who were dissuaded were ineffective. . Violation of Article 50 of the "Public Security Administration Punishment Law" will result in a warning or a fine of not more than 200 yuan; if the circumstances are serious, it will be detained for not less than 5 days but not more than 10 days, and a fine of not more than 500 yuan may be imposed. If the new coronavirus is caused to spread or there is a serious danger of spreading, it may be suspected of Article 330 of the Criminal Law, which constitutes the crime of obstructing the prevention and treatment of infectious diseases.
10
fails to accept health monitoring and management in accordance with the regulations after the centralized isolation is over, and the dissuasion is invalid. Violation of Article 50 of the "Public Security Administration Punishment Law" will result in a warning or a fine of not more than 200 yuan; if the circumstances are serious, it will be detained for not less than 5 days but not more than 10 days, and a fine of not more than 500 yuan may be imposed. If the new coronavirus is caused to spread or there is a serious danger of spreading, it may be suspected of Article 330 of the Criminal Law, which constitutes the crime of obstructing the prevention and treatment of infectious diseases.
11
During the epidemic prevention and control period, chess and card stalls and mahjong rooms were opened in family residences, and cold and fever medicines were sold illegally. Violation of Article 50 of the "Public Security Administration Punishment Law" will result in a warning or a fine of not more than 200 yuan; if the circumstances are serious, they will be detained for not less than 5 days but not more than 10 days, and may also be fined not more than 500 yuan; penalty. If the new coronavirus is caused to spread or there is a serious danger of spreading, it may be suspected of Article 330 of the Criminal Law, which constitutes the crime of obstructing the prevention and treatment of infectious diseases.
12
During the epidemic prevention and control period, residents violated the regulations to go out to participate in gathering activities such as playing cards, catering, entertainment, etc., and the dissuasion was invalid. Violation of Article 50 of the "Public Security Administration Punishment Law" will result in a warning or a fine of not more than 200 yuan; if the circumstances are serious, it will be detained for not less than 5 days but not more than 10 days, and a fine of not more than 500 yuan may be imposed. If it causes the spread of the new coronavirus or there is a serious danger of spreading, it may be suspected of Article 330 of the Criminal Law, which constitutes the crime of obstructing the prevention and treatment of infectious diseases; diagnosed patients or pathogen carriers, concealing their illness, concealing travel information, entering public places or Taking public transportation and causing the spread of the new coronavirus may be suspected of Articles 114 and 115 of the Criminal Law, which constitutes the crime of endangering public safety by dangerous methods.
13
forge or alter the negative nucleic acid test certificate of medical institutions, use other people's health code , itinerary code or use other methods to conceal the itinerary and activity track, deceive the trust of relevant personnel, travel or enter public places, cause the spread of the new coronavirus or have Seriously dangerous to spread. Violation of Article 50 of the "Public Security Administration Punishment Law" will result in a warning or a fine of not more than 200 yuan; if the circumstances are serious, they will be detained for not less than 5 days but not more than 10 days, and may also be fined not more than 500 yuan; penalty. May be suspected of Article 330 of the Criminal Law, which constitutes the crime of obstructing the prevention and treatment of infectious diseases.
14
assist others to evade epidemic prevention and control inspection measures. Violation of Article 50 of the "Public Security Administration Punishment Law" will result in a warning or a fine of not more than 200 yuan; if the circumstances are serious, it will be detained for not less than 5 days but not more than 10 days, and a fine of not more than 500 yuan may be imposed. If the new coronavirus is caused to spread or there is a serious danger of spreading, it may be suspected of Article 330 of the Criminal Law, which constitutes the crime of obstructing the prevention and treatment of infectious diseases.
15
Residents and enterprises do not cooperate in carrying out disinfection work related to epidemic prevention and control, which is ineffective after being persuaded. Violation of Article 50 of the Public Security Administration Punishment Law will result in a policeIf the circumstances are serious, they will be detained for not less than 5 days but not more than 10 days, and may also be fined not more than 500 yuan. If the new coronavirus is caused to spread or there is a serious danger of spreading, it may be suspected of Article 330 of the Criminal Law, which constitutes the crime of obstructing the prevention and treatment of infectious diseases. Whoever obstructs the staff of state organs (including those who are engaged in official duties of epidemic prevention and control in state organs) to carry out epidemic investigation work in accordance with the law by means of violence or threats may be suspected of Article 277 of the Criminal Law, which constitutes the crime of obstructing official duties.
Violation of the economic management order of epidemic prevention and control It will be dealt with by the market supervision and management department in accordance with laws and regulations. If the amount of illegal income is relatively large or there are other serious circumstances that seriously disrupt the market order, it is suspected of violating the relevant regulations of the state on market operation and price management during the prevention and control of sudden infectious diseases and other disasters, driving up prices, making huge profits, and seriously disrupting Market order, where the amount of illegal income is relatively large or there are other serious circumstances, it may be suspected of Article 225 of the Criminal Law, which constitutes the crime of illegal business operations.
17
produces medical masks, goggles, protective clothing and other medical equipment that do not meet the national and industry standards for protecting human health. Administrative penalties shall be imposed by the market supervision and management department. If the circumstances are serious, it may be suspected of Article 145 of the "Criminal Law", which will be convicted of the crime of producing and selling medical equipment that does not meet the standards, and will be severely punished according to law. During the epidemic prevention and control period,
18
defrauded public and private property under the guise of developing, producing or selling items used for epidemic prevention and control, or fabricated facts to defraud the public to donate money and materials, and the amount was relatively large. May be involved in Article 266 of the Criminal Law, convicted and punished for the crime of fraud.
Other illegal and criminal acts violating the epidemic prevention and control management
19
Using the novel coronavirus infection pneumonia epidemic to create and spread rumors, incite splitting the country, undermine national unity, or incite subversion of state power and overthrow the socialist system. He may be suspected of the second paragraph of Article 103 and the second paragraph of Article 105 of the Criminal Law, and a case has been filed and investigated for the crime of inciting secession or inciting subversion of state power.
20
During the period of epidemic prevention and control, fabricated false epidemic information, spread it in public places such as the Internet, or helped to spread and spread it knowingly that it was false information. Violation of Article 65 of the "Emergency Response Law" will be ordered to make corrections and given a warning; if serious consequences are caused, business activities will be suspended or the practice license will be revoked according to law. Violation of Article 25 of the "Public Security Administration Punishment Law" will be punished by detention for not less than 5 days but not more than 10 days, and a fine of not more than 500 yuan may be imposed; if the circumstances are relatively minor, a detention of not more than 5 days or a fine of not more than 500 yuan will be imposed. Those who seriously disrupt social order may be suspected of Article 291 of the Criminal Law, which constitutes the crime of fabricating and intentionally spreading false information.
21
deliberately discloses the relevant information and materials concerning the personal privacy of infectious patients, pathogen carriers, suspected infectious patients, and close contacts. Violation of Article 42 of the "Public Security Administration Punishment Law" will be punished by detention for not more than 5 days or a fine of not more than 500 yuan; if the circumstances are more serious, it will be detained for not less than 5 days but not more than 10 days, and may also be fined not more than 500 yuan. Citizens’ personal information obtained by state organs or educational, medical and other units in the course of performing their duties and services is sold or illegally provided to others. If the circumstances are serious, it may be suspected of Article 253 of the Criminal Law, which constitutes the crime of infringing on citizens’ personal information. .
22
During the epidemic prevention and control period, intentionally injuring medical staff, causing serious consequences of more than minor injuries, or performing acts such as tearing protective equipment and spitting on medical staff, causing medical staff to be infected with the new coronavirus. May be suspected of Article 234 of the Criminal Law, which constitutes the crime of intentional injury; random beating of medical staff, if the circumstances are serious, may be suspected of Article 293 of the Criminal Law, which constitutes the crime of picking quarrels and provoking trouble; resorting to violence or other methods Openly insulting or intimidating medical personnel, with serious or vile circumstances, may be suspected of Articles 246 and 293 of the Criminal Law, constituting the crime of insulting or the crime of picking quarrels and provoking trouble.
23
The primary medical and health institutions violated the responsibility system for the first diagnosis, and admitted fever patients without authorization, causing serious consequences. Business activities will be suspended or the practice license will be revoked in accordance with the law. cause novel coronavirusIf there is a serious danger of dissemination, it may be suspected of Article 330 of the Criminal Law, which constitutes the crime of obstructing the prevention and treatment of infectious diseases.
24
violated epidemic prevention and control regulations, littered medical protective equipment such as masks and protective clothing, violated Infectious Disease Prevention and Control Law and other epidemic prevention and control regulations, and disposed of medical protective equipment, equipment, medical and domestic waste containing novel coronavirus pathogens at will. Other toxic and harmful substances that seriously pollute the environment. May be suspected of Article 338 of the Criminal Law, which constitutes the crime of environmental pollution. Intentional release of the pathogen of new coronary pneumonia, seriously endangering public safety, causing serious injury, death, or causing heavy losses to public and private property, may be suspected of Articles 114 and 115 of the Criminal Law, which constitutes a dangerous method. crimes against public safety.
25
The patient or suspected patient refuses or leaves the isolation treatment without authorization, refuses the isolation treatment or leaves the isolation treatment without authorization before the isolation period expires. Violation of the first paragraph of Article 39 of the "Law on the Prevention and Control of Infectious Diseases", the public security organs may assist medical institutions to take compulsory isolation and treatment measures.
26
testing institutions issue inspection and testing result reports without inspection and testing, or issue false inspection and testing result reports, or manufacture, sell or purchase false inspection and testing result reports, causing the spread of the new coronavirus or there is a serious danger of spreading. May be suspected of Article 330 of the Criminal Law, which constitutes the crime of obstructing the prevention and treatment of infectious diseases. During the epidemic,
27
deliberately spread the pathogen of new coronary pneumonia and endangered public safety. For example, those infected with the new coronavirus resist epidemic prevention and control measures, intentionally spread the pathogen of new coronavirus infection to endanger public safety, and those who have been diagnosed with new coronavirus infection pneumonia and pathogen carriers refuse to be isolated for treatment or leave the isolation treatment without authorization before the quarantine period expires. , and enter a public place or take public transportation; if a suspected patient with novel coronavirus pneumonia refuses isolation treatment or leaves the isolation treatment without authorization before the quarantine period expires, and enters a public place or takes public transportation, causing the spread of the new coronavirus, it may be Suspicion of Articles 114 and 115 of the Criminal Law constitutes the crime of endangering public security by dangerous means. Personnel who are engaged in experiments, preservation, carrying, and transportation of bacterial strains and virus strains of infectious diseases violate the relevant regulations of the health administrative department of the State Council, causing the spread of bacterial strains and virus strains of infectious diseases, with serious consequences. May be involved in Article 331 of the Criminal Law, which constitutes the crime of spreading infectious bacteria and viruses.
29
violates the provisions of frontier health and quarantine, adopts evasion, sham or other means when entering or exits the country, does not accept the medical examination, sanitation inspection and necessary sanitation treatment of persons or articles by the frontier health and quarantine agency, and other violations of the obligation to accept frontier health and quarantine , causing the spread of quarantine infectious diseases. May be suspected of Article 332 of the Criminal Law, which constitutes the crime of obstructing frontier health and quarantine.
30
evade quarantine of the prohibited items imported under the Entry and Exit Animal and Plant Quarantine Law, or fail to effectively control and dispose of the prohibited items imported under license, resulting in their escape and proliferation. May be suspected of Article 337 of the Criminal Law, which constitutes the crime of obstructing animal and plant epidemic prevention and quarantine.
Source: Guizhou Higher People's Court
