China News Service, April 29. According to the official WeChat news of the Supreme People's Court, on April 29, the Supreme People's Court released 5 typical cases of punishing crimes that obstruct the prevention and control of the epidemic according to law, including obstructing the prevention and control of infectious diseases, and entering people who did not truthfully report their health. The declaration card causes serious danger of the spread of the epidemic, makes false nucleic acid test reports for external sales, assaults the police during the vaccination process, fabricates and deliberately spreads false epidemic information and other crimes.
At present, the new coronavirus Omicron variant has brought new challenges to the prevention and control of the epidemic, and the prevention and control of the epidemic is facing a severe situation of complexity, arduousness and repetition.
Coordinating epidemic prevention and control and economic and social development is an arduous task.
At the same time, refusal to implement epidemic prevention measures, obstructing public affairs, and falsifying nucleic acid test reports, etc., still occur.
In this regard, courts across the country have given full play to the role of criminal trials, increased punishments for crimes that impede epidemic prevention and control in accordance with the law, and effectively safeguarded the lives and health of the people and economic and social development. Provide strong judicial protection.
content
Case 1: The case of Wang obstructing the prevention and treatment of infectious diseases
——Refuse to implement epidemic prevention measures, causing the spread of the epidemic
Case 2: Case of Cao Obstructing Frontier Health and Quarantine
——Failure to fill in the health declaration card when entering the country, causing a serious risk of the spread of the epidemic
Case 3: Liang forged the seal of a public institution
——Forge the electronic special seal for nucleic acid testing in hospitals, and make false nucleic acid testing reports for external sales
Case 4: Huang attacked the police
——Violently attacked the police who maintained order during the vaccination process
Case 5: Pan fabricated and deliberately spread false information
—— Fabricate and spread false epidemic information on the information network
Case 1: The case of Wang obstructing the prevention and treatment of infectious diseases
——Refuse to implement epidemic prevention measures, causing the spread of the epidemic
brief case
Defendant Wang and his relatives rented a house in Lianzhuang Village, Zhaoquanying Town, Shunyi District, Beijing.
At the end of December 2020, many places in Shunyi District were identified as high-risk areas for the new crown pneumonia epidemic. The local government took epidemic prevention and control measures in accordance with the requirements of the superiors, requiring villagers not to go to areas and places where people gather unless necessary, and report the symptoms of fever to the village committee. .
In early January 2021, after the "small dining table" holiday, Wang and his wife Ma developed fever and other symptoms successively.
The two failed to report to the village committee according to the requirements of epidemic prevention and control, and went to the pharmacy to buy medicine and take it by themselves, and went to the private clinic for infusion treatment for three days.
During this period, Wang also went in and out of many public places such as markets, restaurants, pharmacies, and government affairs halls.
On the morning of the 8th of the same month, Wang went to a fever clinic in a hospital in Changping District, Beijing. The hospital did not take isolation and diagnosis and treatment measures in time.
The next day, Wang was diagnosed as a case of new coronary pneumonia.
After Wang was diagnosed, the Centers for Disease Control and Prevention in Changping and Shunyi districts conducted epidemiological investigations and close contact investigations on him many times. Wang concealed information such as opening a "small dining table" at home, seeking medical treatment on his own, and gathering with others.
Confirmed by the Beijing Center for Disease Control and Prevention, a total of 927 close contacts of Wang were quarantined; of the 6 family members who lived with Wang, 2 were diagnosed with new coronary pneumonia, and 4 were diagnosed with asymptomatic infection 2 students and a relative of a student from the "Little Dining Table" were also diagnosed as cases of new coronary pneumonia.
referee result
After hearing, the court held that the defendant Wang violated the provisions of the Law on the Prevention and Control of Infectious Diseases and refused to implement the epidemic prevention and control measures proposed by the people's governments at or above the county level and disease prevention and control institutions in accordance with the Law on the Prevention and Control of Infectious Diseases, causing the spread of the new coronary pneumonia epidemic. The act has constituted the crime of obstructing the prevention and treatment of infectious diseases.
Although there were many confirmed cases of new coronary pneumonia in the local area and the situation of epidemic prevention and control was severe, Wang still implemented various behaviors that hindered epidemic prevention and control, and refused to cooperate with epidemiological investigation after diagnosis, resulting in the failure of the disease control department It took time to investigate and isolate the relevant personnel, and the circumstances were bad. Accordingly, the defendant Wang was sentenced to two years and six months in prison for the crime of obstructing the prevention and control of infectious diseases.
Case 2: Case of Cao Obstructing Frontier Health and Quarantine
——Failure to fill in the health declaration card when entering the country, causing a serious risk of the spread of the epidemic
brief case
In April 2021, the defendant Cao developed fever and other symptoms during his departure to a certain country, and his body temperature returned to normal after purchasing cold medicine and taking it.
Later, Cao learned that several people in the hotel he stayed in the country had been diagnosed with new coronary pneumonia cases.
On the 28th of the same month, when Cao returned from the country, he did not truthfully fill in the health declaration card at the port of entry, concealing that he had had fever and other clinical manifestations related to new coronary pneumonia. Information on provinces and cities severely affected by the epidemic.
After returning to China, Cao also violated the isolation and epidemic prevention requirements during the centralized isolation observation period, and left the isolation room without permission to contact friends.
On the 30th of the same month, Cao was diagnosed as a case of new coronary pneumonia.
Cao's actions caused 459 people to be concentrated or postponed for medical observation; another 29 customs port staff were quarantined at home for 14 days, which seriously affected the port supervision work.
referee result
After trial, the court held that the defendant Cao violated the regulations on frontier health and quarantine, causing a serious danger of the spread of the new crown pneumonia epidemic, and his behavior constituted the crime of obstructing frontier health and quarantine.
After Cao came to the case, he confessed truthfully and showed repentance, and he could be given a lighter punishment in accordance with the law.
Accordingly, the defendant Cao was sentenced to two years in prison, suspended for three years, and a fine of RMB 200,000 for the crime of obstructing frontier health and quarantine.
Case 3: The case of Liang forging the seal of a public institution
——Forge the electronic special seal for nucleic acid testing in hospitals, and make false nucleic acid testing reports for external sales
brief case
In late August 2021, during the operation of an audio-visual studio, the defendant Liang forged an electronic special seal for nucleic acid testing of the People's Hospital of Lan County, Shanxi Province in order to obtain illegal benefits, which was used to make a false nucleic acid testing report, and the forged nucleic acid test report was made through WeChat. The nucleic acid test report of the company is sold to others at a price of 5 yuan each for epidemic inspection.
From August to the end of October 2021, Liang forged a total of 621 nucleic acid test reports for 252 people, making illegal profits of 3,105 yuan.
referee result
After the trial, the court held that the defendant, Liang Mou, forged the seal of the institution to make a false nucleic acid test report in order to seek illegal benefits, and his behavior constituted the crime of forging the seal of the institution.
After Liang arrived at the case, he truthfully confessed the facts of the crime and showed repentance, which can be given a lighter punishment in accordance with the law.
Accordingly, the defendant Liang Mou was sentenced to one year and six months in prison for the crime of forging the seal of a public institution and a fine of RMB 6,000.
Case 4: Huang attacked the police
——Violently attacked the police who maintained order during the vaccination process
brief case
On the morning of May 19, 2021, people who were vaccinated against the new coronavirus at the Beishan Epidemic Prevention Station in Wanzhou District, Chongqing poured into the hall of the epidemic prevention station to avoid the rain, resulting in crowded people in the hall of the epidemic prevention station, chaos on the scene, and the inoculation work could not be carried out normally.
The station staff then called the police station of Bell and Drum Tower in Wanzhou District for help.
After receiving the alarm, the Bell and Drum Tower police station dispatched policeman Li Moumou and auxiliary policeman Zeng Moumou to the vaccination site to maintain order.
After the rain stopped, Li Moumou and Zeng Moumou persuaded the people at the scene to wait in line outside the clinic.
Defendant Huang refused to listen to the persuasion and refused to leave the hall. Zeng pulled Huang's left arm to let him leave the hall of the epidemic prevention station.
Huang hit Zeng on the head with an umbrella, knocking his police cap to the ground.
Upon seeing this, Li Moumou stepped forward and wanted to seize the umbrella in Huang Moumou's hand. Huang Moumou hit Li Moumou's head and face with the umbrella, causing injury to Li Moumou's hairline on the outside of his left eyebrow arch.
Huang was then forcibly taken out of the hall of the epidemic prevention station by Li and Zeng, during which Huang kept scratching Li and Zeng with his hands.
After identification, Li Moumou's injury was minor.
referee result
After the trial, the court held that the defendant Huang violently attacked the people's police who were performing his duties according to law, and his behavior had constituted the crime of assaulting the police.
After Huang arrived at the case, he truthfully confessed the facts of the crime, and he pleaded guilty and repented, and could be given a lighter punishment in accordance with the law.
Accordingly, the defendant Huang was sentenced to six months in prison for assaulting a police officer.
Case 5: Pan fabricated and deliberately spread false information
—— Fabricate and spread false epidemic information on the information network
brief case
On the evening of August 3, 2021, the defendant Pan Mou, in order to intimidate the group of friends, fabricated "Wang Mou, male, 22 years old, from Runzhou District, Zhenjiang City, at 7:30 pm on August 2, 2021 in Jurong City, Jiangsu Province. Depart from Guangmingxincun Community in Runzhou District to Zhoujiashan Mountain in Lishui, pass through Meihua Community in Jurong City to visit relatives and friends (08:30), and then come to the open-air food stall in the center of Pattaya Square (09:00-11:00), Both of them were positive for nucleic acid testing in Lishui, and they have been quarantined. If there are people who match the above time and place, please actively self-isolate at home and get in touch with the local hospital as soon as possible.” The false new crown epidemic information, and the above information was made into The video was then sent to a QQ group of 46 people.
Later, the false information was quickly spread to 204 WeChat groups, involving more than 10,000 people, causing panic among the masses and seriously disrupting social order.
After the incident, Pan voluntarily surrendered to the public security organ and truthfully confessed the above facts.
referee result
After the trial, the court held that the defendant Pan fabricated false epidemic information to spread on the information network, seriously disrupting the social order, and his behavior constituted the crime of fabricating and intentionally spreading false information.
Pan has the circumstance of surrendering, pleads guilty and repents, and can be given a lighter punishment in accordance with the law.
Accordingly, the defendant Pan Mou was sentenced to eight months in prison for the crime of fabricating and intentionally spreading false information.