China News Service, Beijing, January 9th (Wei Xianghui) my country has officially implemented "Class B and B Control" for the infection of the new coronavirus.

On the 7th, the Supreme Court, the Supreme People's Procuratorate and other five departments jointly issued the "Notice on Adapting to the Adjustment of Epidemic Prevention and Control Policies in the New Stage and Properly Handling Related Criminal Cases in accordance with the Law", further detailing the adjustments to handling criminal cases involving the epidemic.

Relevant experts said that this is more conducive to conforming to the current social evaluation represented by the new regulations, and to achieve the unity of legal effects and social effects.

On January 8, the vitality of Dongxing, a border city in China, is gradually recovering. Photo by Zhai Liqiang

These persons may be released from custody

　　On January 7, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of Justice, and the General Administration of Customs jointly issued the "Notice on Adapting to the New Stage Epidemic Prevention and Control Policy Adjustment and Properly Handling Related Criminal Cases in accordance with the Law" (hereinafter referred to as the "Notice") .

　　The "Notice" clarifies that from January 8, 2023, the "Class B and B management" of new coronavirus infection will be implemented, and it will no longer be included in the management of quarantine infectious diseases. The behavior stipulated in the quarantine shall no longer be convicted and punished as the crime of obstructing the prevention and control of infectious diseases in Article 330 of the Criminal Law, and the crime of obstructing frontier health and quarantine in Article 332.

　　The relevant cases currently being handled shall be handled in a timely and proper manner in accordance with the relevant provisions of my country's Criminal Law and Criminal Procedure Law.

Where criminal suspects and defendants are in custody, the case-handling authorities shall promptly lift the mandatory measures of detention in accordance with the law; where property involved in a case is sealed, seized, or frozen, they shall be lifted in a timely manner in accordance with the law.

　　The "Notice" emphasizes that the criminal policy of combining leniency with strictness must be fully and accurately implemented.

Violating the personal safety of medical personnel, disrupting the normal medical order, and seriously hindering the prevention and control order of key institutions such as pension institutions and social welfare institutions, and the serious harm and nature of the production and sale of counterfeit drugs and testing reagents, smuggling, and price gouging, etc. Evil and other criminal acts will be severely punished in accordance with the law to resolutely safeguard national security and social stability.

For minor criminal cases involving the epidemic, the focus should be on diverting and resolving conflicts, coordinating the implementation of the criminal justice policy of less arrests, more prosecutions, and more careful detention, and integrating the emphasis on traceability governance, restoring social order, and promoting social harmony and stability into judicial handling.

On the evening of January 7, the closed-loop transshipment epidemic prevention fence for inbound passengers was removed overnight on the international arrivals floor of Terminal T2 of Shanghai Pudong International Airport. Photo by Yin Liqin

Expert: The basic principle of the application of the criminal law is from the old to the light

　　Zheng Ge, a professor at the KoGuan School of Law at Shanghai Jiao Tong University, told Chinanews.com that the basic principle of criminal law application is "from the old to the light."

　　Zheng Ge explained that the principle of following the old and mitigating is a general principle of legal application in the legal field involving the prohibition and punishment of certain acts, such as the Criminal Law and the Administrative Punishment Law. If a certain behavior is defined as punishable by the new law after the behavior occurred, it should not be punished according to the old law at the time of the behavior; the principle of mitigating is a supplement to the old principle. and should be punished, but the new law exempts the penalty for the act or provides for a lesser penalty, the new law applies.

　　"The adjustment of the handling of criminal cases involving the epidemic is a further manifestation of the application of the lighter principle when the new law is lighter than the old law." He said.

　　Wang Yue, a professor at the Department of Medical Ethics and Law of the School of Medical Humanities at Peking University, believes that the implementation of "Class B and B Control" means that the criminal law has changed the legal identification of behaviors involving new crown infection with the revision of the administrative pre-law.

　　Wang Yue said that the "Notice"'s release of detention for relevant personnel is more in line with the principle of adapting punishment to illegal acts, and is more conducive to conforming to the current social evaluation represented by the new regulations, and realizing the unity of the legal and social effects of the judgment.

　　He explained to Chinanews.com that the jurisprudence lies in the fact that the Class B control measures against the new coronavirus infection have actually been lifted, and the concept of "everyone is the first person responsible for their own health" has been deeply rooted in the hearts of the people. The real possibility and danger of people deliberately violating the new crown epidemic prevention regulations have decreased. The original behavior that may involve criminal offenses is no longer enough to constitute a threat to the two legal interests of social order and public health. The social harm of the law to this behavior Sex evaluations have changed.

Photo by Tomita, a reporter from China News Agency, at the Capital International Airport on the first day of the implementation of "Class B Pipeline"

There are still legal issues to be clarified

　　Since January 8, my country has officially implemented "Class B and B Control" for the infection of the new coronavirus.

In addition to the criminal case handling mode, experts believe that there are still some legal issues that need to be further clarified.

　　Wang Yue mentioned that the payment of wages to employees when they are unable to come to work due to the infection of the new crown virus; whether the state needs to provide living security during the home isolation period of the new crown virus infection is subject to the unified regulations of the relevant departments.

　　Zheng Ge said that the legal issues after the "Class B and B management" include the deletion of citizens' personal information involved in the health code and itinerary code, and the punishment of violations of epidemic prevention regulations during the "Class B and A management".

　　As for whether the health code is still necessary, Zheng Ge believes that there are still people who need to do nucleic acid. Due to path dependence, the nucleic acid test results are bound to the health code, which is more convenient to query, but the public use of the health code has been exhausted. lost.

To this end, he suggested that the results of nucleic acid testing can be opened for personal inquiries.

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