What crimes may be posed by refusal to implement control measures

What crimes may be posed by refusal to implement control measures

□ Wu Yaan

Since the outbreak of the new crown pneumonia epidemic, the country has worked together to fight the epidemic. The related epidemic prevention and control work is progressing steadily, and the epidemic prevention battle has reached a more critical time.

However, in practice, a small number of people violated the epidemic prevention regulations, concealed their illness and refused to accept quarantine, quarantine or treatment requirements, and went to public places for activities, which caused a certain degree of social harm. According to incomplete statistics, more than 30 people across the country have been investigated for criminal responsibility for judicial actions by the judicial authorities.

On February 10, the Supreme Law, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Justice publicly released the "Opinions on Punishing and Preventing Illegal Crimes Influencing New Coronavirus Infection and Pneumonia Epidemic Prevention" (hereinafter referred to as "Opinions"), expressly refusing to comply with the epidemic prevention regulations. Laws applicable to relevant prevention and control measures. Specific crimes that may be suspected of this type of behavior include crimes of endangering public safety by dangerous methods, crimes of endangering public safety by dangerous methods, crimes of preventing the prevention of infectious diseases, crimes of obstructing public affairs, and crimes of causing provocation.

The crime of endangering public safety in a dangerous way and the crime of negligent endangering public safety in a dangerous way. Articles 114 and 115 of the Criminal Law stipulate these two crimes, respectively referring to the intentional or negligent use of methods that have the same level of harm as arson, water detonation, explosion, and the release of dangerous substances, which endanger public safety. the behavior of. The legal interests infringed by both crimes are unspecified or a majority of people's lives, health and the safety of major public and private property. The intentional crime punishes both the behavior that has not caused serious consequences and the behavior that has caused serious consequences; the crime of negligence only punishes the behavior that has caused serious consequences.

Crime of hindering the prevention of infectious diseases. Article 330 of the Criminal Law stipulates that the crime expressly refuses 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 causes the spread of Class A infectious diseases or is at serious risk, constituting the crime of obstructing the prevention and control of infectious diseases. . The category A infectious disease in this crime includes "infectious diseases managed under category A", which is the case of new crown pneumonia, and violation of its prevention and control measures may constitute this crime.

Offences against public service. The crime is stipulated in Article 277 of the Criminal Law. During the epidemic prevention and control period, violation of laws and regulations, refusal to cooperate with the epidemic prevention and control inspection, and using violence or threats to prevent police or other state organs from performing their epidemic prevention and control duties according to law may constitute a crime against public service.

Provoking trouble. The crime is stipulated in Article 293 of the Criminal Law. It is clear that acts of beating others at will, aggravating circumstances, or causing chaos in public places to cause serious disorder in public places, etc., may all constitute crimes of provocation.

According to the criminal law and the relevant provisions of the Opinions, the following acts that refused to perform the new crown pneumonia prevention and control measures during the epidemic prevention period may constitute a crime.

Patients diagnosed with new coronary pneumonia who refuse to isolate or leave the isolation treatment without permission and enter public places or public transportation, or who suspect that new coronary pneumonia has the above-mentioned behavior and cause the spread of new crown virus, may constitute a crime of endangering public safety in a dangerous way. Those who constitute the crime are punishable by death. For example, the defendant, Li, was an employee of a pharmaceutical company in Wuhan, Hubei. After returning home from Wuhan, he developed symptoms such as fever and cough and went to the hospital three times. He refused to be quarantined and repeatedly entered and left public places. As a result, many people became infected. Methods Criminal liability is investigated for crimes against public safety.

Patients with minor illnesses refuse related epidemic prevention measures, and negligence caused the spread of new coronary pneumonia in socially healthy people. Even if they reject the spread of the virus, it may also constitute a crime of jeopardizing public safety in a dangerous way and can be sentenced to a maximum of 7 years in prison . For example, the defendant Tang went to Huanggang City, Hubei in early January. After returning home, he did not report his travel history, did not take the initiative to isolate himself, and went into public places after he developed cold symptoms. As a result, 7 people were infected. Dangerous methods of crimes against public safety shall be investigated for criminal responsibility.

Those who have no obvious symptoms and have travel history in key areas or have contact with personnel in key areas refuse to implement preventive and control measures such as reporting the itinerary and receiving quarantine in a timely manner, resulting in the spread or risk of transmission of new coronary pneumonia, which may constitute a crime against the prevention of infectious diseases , Up to 7 years in prison. For example, after the defendant Wang picked up his daughter who returned home from Wuhan from a high-speed railway station, he concealed his daughter's return history in Wuhan during the investigation by the community staff. After his daughter was diagnosed, his community was closed and more than 1,700 residents in the community Serious consequences such as segregation at home have eventually been investigated for criminal responsibility for crimes against the prevention of infectious diseases.

Patients or others who use violent or threatening methods to prevent staff members of the state organs from carrying out epidemic prevention and control measures may constitute crimes against public service and may be sentenced to a maximum of 3 years in prison. For example, the defendant Zhang refused to cooperate with the epidemic registration check, forcibly drove through the checkpoint, was stopped by the police on duty, and refused to cooperate, such as falling to the ground, abusing, tearing, etc., causing a police officer to be slightly injured. The official offence is sentenced to one year in prison.

Violence by patients or other persons hindering the prevention and control of the epidemic, and beatings other than state workers may constitute a crime of causing provocation and may be punished by up to 5 years in prison. For example, the defendant Ling, who wanted to visit a certain community during the epidemic prevention and control, was persecuted by the epidemic prevention volunteers and beaten the volunteers, causing one person to be slightly injured. In the end, he was sentenced to 1 year and 6 months for provocation.

(The author is an assistant to the judge of Shanghai No. 1 Intermediate People's Court. This article is organized by our reporter Pu Xiaolei.)