1. Anyone who goes in and out of public places such as residential areas, supermarkets, vegetable markets and hotels by public transport. And refuses to cooperate with the management personnel to persuade them to wear masks, and is suspected of violating Article 23 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment (hereinafter referred to as the Law on Public Security Administration Punishment), and is given a warning or a fine of not more than 200 yuan; If the circumstances are serious, they shall be detained for more than 5 days 10 days, and may also be fined up to 500 yuan. Those who cause the spread of novel coronavirus or have a serious risk of spread may be suspected of violating Article 330th of the Criminal Law of People's Republic of China (PRC) (hereinafter referred to as the Criminal Law), which constitutes the crime of obstructing the prevention and control of infectious diseases.
2. Those who enter and leave residential areas, supermarkets, vegetable markets, hotels and other related places and refuse to cooperate with the provisions on health information verification and identity registration are suspected of violating Article 50 of the Law on Public Security Administration Punishment, and are given a warning or a fine of less than 200 yuan; If the circumstances are serious, they shall be detained for more than 5 days 10 days, and may also be fined up to 500 yuan. Those who cause the spread of novel coronavirus or have a serious risk of spread may be suspected of violating Article 330th of the Criminal Law, which constitutes the crime of obstructing the prevention and control of infectious diseases.
3. Vehicles and personnel who pass the epidemic prevention and control card point refuse to cooperate or accept the inspection by the staff of the card point by punching in or other means, and are suspected of violating Article 50 of the Law on Public Security Administration Punishment, and are given a warning or a fine of less than 200 yuan; If the circumstances are serious, they shall be detained for more than 5 days 10 days, and may also be fined up to 500 yuan. Those who cause the spread of novel coronavirus or have a serious risk of spread may be suspected of violating Article 330th of the Criminal Law, which constitutes the crime of obstructing the prevention and control of infectious diseases.
4. Persons who are included in the scope of nucleic acid detection do not participate in the nucleic acid detection organized by the unified organization, and are suspected of violating Article 51 of the Emergency Regulations on Public Health Emergencies. The relevant units and individuals do not cooperate with the investigation, sampling, technical analysis and inspection, which may violate Article 50 of the Law on Public Security Administration Punishment and constitute a violation of public security administration, and will be punished by the public security organs according to law; Anyone suspected of constituting a crime will be investigated for criminal responsibility for allegedly obstructing the prevention and control of infectious diseases according to Article 330 of the Criminal Law.
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5. Residents refused to cooperate with closed management, went out to gather without authorization in violation of health management guidelines, and were suspected of violating Article 50 of the Law on Public Security Administration Punishment, and were given a warning or fined less than 200 yuan; If the circumstances are serious, they shall be detained for more than 5 days 10 days, and may also be fined up to 500 yuan. Those who cause the spread of novel coronavirus or have a serious risk of spread may be suspected of violating Article 330th of the Criminal Law, which constitutes a crime of obstructing the prevention and control of infectious diseases; Diagnosed patients and pathogen carriers who conceal their illness and travel information, enter public places or take public transport, thus causing the spread of novel coronavirus, may be suspected of violating Articles 114 and 115 of the Criminal Law, which constitutes the crime of endangering public security by dangerous means.
6. Persons whose health code is yellow and red, who fail to carry out home health monitoring or centralized isolation observation in accordance with the regulations, are suspected of violating Article 50 of the Law on Public Security Administration Punishment and are given a warning or a fine of less than 200 yuan; If the circumstances are serious, they shall be detained for more than 5 days 10 days, and may also be fined up to 500 yuan. Those who cause the spread of novel coronavirus or have a serious risk of spread may be suspected of violating Article 330th of the Criminal Law, which constitutes the crime of obstructing the prevention and control of infectious diseases.
7. During the epidemic prevention and control period, residents who go out to participate in gathering activities such as playing cards, catering and entertainment in violation of regulations, and are discouraged, are suspected of violating Article 50 of the Law on Public Security Administration Punishment, and are given a warning or a fine of less than 200 yuan; If the circumstances are serious, they shall be detained for more than 5 days 10 days, and may also be fined up to 500 yuan. Those who cause the spread of novel coronavirus or have a serious risk of spread may be suspected of violating Article 330th of the Criminal Law, which constitutes a crime of obstructing the prevention and control of infectious diseases; Diagnosed patients and pathogen carriers who conceal their illness and travel information, enter public places or take public transport, thus causing the spread of novel coronavirus, may be suspected of violating Articles 114 and 115 of the Criminal Law, which constitutes the crime of endangering public security by dangerous means.
8. During the epidemic prevention and control period, remedial classes, chess and card stalls and mahjong halls were set up in family residences to illegally sell cold and fever drugs. Anyone suspected of violating Article 50 of the Law on Public Security Administration Punishment shall be given a warning or fined below 200 yuan; If the circumstances are serious, they shall be detained for more than 5 days 10 days, and may also be fined up to 500 yuan. Those who cause the spread of novel coronavirus or have a serious risk of spread may be suspected of violating Article 330th of the Criminal Law, which constitutes the crime of obstructing the prevention and control of infectious diseases.
9. After centralized isolation, those who fail to accept health monitoring and management in accordance with the regulations and fail to be dissuaded are suspected of violating Article 50 of the Law on Public Security Administration Punishment, and are given a warning or a fine of less than 200 yuan; If the circumstances are serious, they shall be detained for more than 5 days 10 days, and may also be fined up to 500 yuan. Those who cause the spread of novel coronavirus or have a serious risk of spread may be suspected of violating Article 330th of the Criminal Law, which constitutes the crime of obstructing the prevention and control of infectious diseases.
10. Those who conceal their illness, travel information (especially the living history in key areas), and close contact history of confirmed cases or suspected cases are suspected of violating Article 50 of the Law on Public Security Administration Punishment, and are given a warning or fined not more than 200 yuan; If the circumstances are serious, they shall be detained for more than 5 days 10 days, and may also be fined up to 500 yuan. Those who cause the spread of novel coronavirus or have a serious risk of spread may be suspected of violating Article 330th of the Criminal Law, which constitutes a crime of obstructing the prevention and control of infectious diseases; Diagnosed patients and pathogen carriers who conceal their illness and travel information, enter public places or take public transport, thus causing the spread of novel coronavirus, may be suspected of violating Articles 114 and 115 of the Criminal Law, which constitutes the crime of endangering public security by dangerous means.
1 1. In the process of epidemic prevention and control in novel coronavirus, the staff of the government health administrative department engaged in the prevention and control of infectious diseases were seriously irresponsible, which led to the spread or epidemic of novel coronavirus. If the circumstances are serious, it may be suspected of violating Article 409 of the Criminal Law, which constitutes the crime of dereliction of duty in the prevention and control of infectious diseases.
12. Residents and enterprises that fail to cooperate with the disinfection work related to epidemic prevention and control are suspected of violating Article 50 of the Law on Public Security Administration Punishment, and are given a warning or a fine of not more than 200 yuan; If the circumstances are serious, they shall be detained for more than 5 days 10 days, and may also be fined up to 500 yuan. Those who cause the spread of novel coronavirus or have a serious risk of spread may be suspected of violating Article 330th of the Criminal Law, which constitutes the crime of obstructing the prevention and control of infectious diseases. Those who use violence or threats to obstruct the staff of state organs (including those engaged in epidemic prevention and control work in state organs) from conducting epidemic investigation according to law may be suspected of violating Article 277 of the Criminal Law, which constitutes a crime of nuisance of official duties.
13. Anyone who refuses to cooperate with the epidemic epidemiological investigation carried out by the disease control and public security departments is suspected of violating Article 50 of the Law on Public Security Administration Punishment and is given a warning or a fine of less than 200 yuan; If the circumstances are serious, they shall be detained for more than 5 days 10 days, and may also be fined up to 500 yuan. 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. Those who use violence or threats to obstruct the staff of state organs (including those engaged in epidemic prevention and control work in state organs) from conducting epidemic investigation according to law may be suspected of violating Article 277 of the Criminal Law, which constitutes a crime of nuisance of official duties.
14. During the epidemic period, those who maliciously hoard, drive up prices and profiteer will be dealt with by the market supervision and management department according to the law and regulations. If the amount of illegal income is large or there are other serious circumstances, which seriously disrupts the market order, it may be suspected that during the prevention and control of disasters such as sudden infectious diseases, it may violate the relevant state regulations on market operation and price management, drive up prices, seek huge profits, and seriously disrupt the market order. If the amount of illegal income is large or there are other serious circumstances, it may be suspected of violating Article 225 of the Criminal Law, which constitutes the crime of illegal business operation.
15. Whoever, in violation of epidemic prevention and control regulations, discards medical protective articles such as masks and protective clothing, and in violation of epidemic prevention and control regulations such as the Law on the Prevention and Control of Infectious Diseases stipulated in Article 338 of the Criminal Law, disposes of medical protective articles, instruments, medical household garbage and other toxic and harmful substances containing novel coronavirus pathogens without authorization, which seriously pollutes the environment, may be suspected of environmental pollution. Deliberately releasing pathogens from coronary heart disease, which seriously endangers public safety and causes serious injuries, deaths or heavy losses of public and private property, may be suspected of violating Articles 114 and 115 of the Criminal Law, and constitute a crime of endangering public safety by dangerous means.
16. How to deal with patients or suspected patients who refuse or leave isolation treatment without authorization? According to the provisions of the first paragraph of Article 39 of the Law of People's Republic of China (PRC) on the Prevention and Control of Infectious Diseases, the public security organ may assist medical institutions to take compulsory isolation treatment measures if they refuse isolation treatment or do not leave isolation treatment after the expiration of isolation period.
17. During the epidemic period, anyone who intentionally spreads pathogens from Neocoronary pneumonia and endangers public safety may be suspected of violating Articles 114 and 115 of the Criminal Law, which constitutes a crime of endangering public safety by dangerous means, but has not caused serious consequences, and shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; If serious consequences are caused, they shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.
18. People with fever, dry cough, fatigue, decreased sense of smell and taste, stuffy nose, runny nose, sore throat, conjunctivitis, myalgia, diarrhea and other symptoms did not go to the fever clinic for medical treatment according to the epidemic prevention and control requirements. Discourager is suspected of violating Article 50 of the Law on Public Security Administration Punishment, and shall be given a warning or fined below 200 yuan; If the circumstances are serious, they shall be detained for more than 5 days 10 days, and may also be fined up to 500 yuan. Those who cause the spread of novel coronavirus or have a serious risk of spread may be suspected of violating Article 330th of the Criminal Law, which constitutes the crime of obstructing the prevention and control of infectious diseases.
19. novel coronavirus infected people resist epidemic prevention and control measures, deliberately spread novel coronavirus pathogens and endanger public safety, and have one of the following circumstances: (1) novel coronavirus patients and pathogen carriers who have been diagnosed refuse isolation treatment or leave the isolation treatment place without authorization before the expiration of the isolation period and enter public places or public transport; (II) Suspected patients in novel coronavirus who refuse isolation treatment or leave the isolation treatment place without authorization before the expiration of the isolation period and enter public places or public transport, thus causing the spread of novel coronavirus, may be suspected of endangering public security by dangerous means, and shall be convicted and punished in accordance with the provisions of Article 114 and Article 115, paragraph 1, of the Criminal Law.
20 production does not meet the national standards and industry standards for the protection of human health, medical masks, goggles, protective clothing and other medical devices, administrative punishment by the market supervision and management department. If the circumstances are serious, it may be suspected of violating the provisions of Article 145 of the Criminal Law, and will be convicted of the crime of producing and selling unqualified medical devices and severely punished according to law.
2 1. Whoever, in violation of the relevant provisions of the state, drives up the prices of masks or other items urgently needed for epidemic prevention and control, and profiteers, and the amount of illegal income is relatively large or there are other serious circumstances, which seriously disrupts the market order, may be suspected of violating the provisions of Article 225 of the Criminal Law and committing other illegal business operations that seriously disrupt the market order, which constitutes the crime of illegal business operations.
22. During the period of epidemic prevention and control, anyone who fabricates false epidemic information and spreads it in public places such as the Internet, or knowingly helps to spread and spread it, is suspected of violating Article 65 of the Emergency Response Law of People's Republic of China (PRC), and will be ordered to make corrections and given a warning; If serious consequences are caused, the business activities shall be suspended or the practice license shall be revoked according to law. Anyone suspected of violating Article 25 of the Law on Public Security Administration Punishment shall be detained for more than 5 days 10 days, and may be fined up to 500 yuan; If the circumstances are minor, they shall be detained for less than 5 days or fined for less than 500 yuan. Those who seriously disturb social order may be suspected of violating Article 291 of the Criminal Law, which constitutes the crime of fabricating and intentionally spreading false information.
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1. Article 23 of the Law on Public Security Administration Punishment
One of the following acts, a warning or a fine in 200 yuan; If the circumstances are serious, he shall be detained for more than 5 days 10 days, and may also be fined up to 500 yuan:
(1) Disrupting the order of organs, organizations, enterprises and institutions, resulting in work, production, business, medical treatment, teaching and scientific research not being carried out normally, but causing no serious losses;
(2) disturbing the order of stations, ports, docks, airports, shopping malls, parks, exhibition halls or other public places;
(3) disturbing the order on buses, trams, trains, ships, aircraft or other public transport;
(four) illegal interception or forced boarding, boarding motor vehicles, ships, aircraft and other means of transportation, affecting the normal running of vehicles;
(5) disturbing the election order conducted according to law.
If people gather to commit the acts mentioned in the preceding paragraph, the ringleaders shall be detained for more than 10 and less than 15, and may also be fined less than 1000 yuan.
2. Article 25 of the Public Security Administration Punishment Law
Anyone who commits one of the following acts shall be detained for more than five days and less than ten days, and may be fined not more than five hundred yuan; If the circumstances are relatively minor, they shall be detained for not more than five days or fined not more than five hundred yuan:
(a) spreading rumors, lying about dangerous situations, epidemic situations, police situations or deliberately disturbing public order by other means;
(2) throwing false explosive, toxic, radioactive and corrosive substances or infectious disease pathogens to disturb public order;
(3) Threatening to set fire, explode or throw dangerous substances to disturb public order.
3 "Public Security Administration Punishment Law" fiftieth
One of the following acts, a warning or a fine of two hundred yuan; If the circumstances are serious, they shall be detained for more than five days and less than ten days, and may be fined up to five hundred yuan:
(a) refusing to implement the decisions and orders issued by the people's government in an emergency;
(two) hinder the staff of state organs to perform their duties according to law;
(3) obstructing the passage of fire engines, ambulances, engineering rescue vehicles, police cars and other vehicles performing emergency tasks;
(four) forcibly broke into the warning tape and the warning zone set up by the public security organs.
Whoever obstructs the people's police from performing their duties according to law shall be given a heavier punishment.
4. Article 5 1 of the Emergency Regulations for Public Health Emergencies
In the emergency handling of emergencies, if the relevant units and individuals fail to perform their reporting duties in accordance with the provisions of this Ordinance, conceal, delay reporting or make false reports, hinder the emergency handling staff from performing their official duties, refuse the professional and technical institutions designated by the health administrative department of the State Council or other relevant departments to enter the scene of emergencies, or fail to cooperate with the investigation, sampling, technical analysis and inspection, the relevant responsible persons shall be given administrative sanctions or disciplinary sanctions according to law; Violation of the "People's Republic of China (PRC) Public Security Administration Punishment Law", which constitutes a violation of public security administration, shall be punished by the public security organs according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 39 of the Law of People's Republic of China (PRC) on the Prevention and Control of Infectious Diseases.
Medical institutions shall take the following measures in time when they find Class A infectious diseases:
(a) isolation treatment of patients and pathogen carriers, and the isolation period shall be determined according to the results of medical examination;
(two) for suspected patients, isolation treatment in designated places before diagnosis;
(3) Carry out medical observation and take other necessary preventive measures at designated places for patients, pathogen carriers and close contacts of suspected patients in medical institutions.
The public security organ may assist medical institutions to take compulsory isolation treatment measures if they refuse isolation treatment or leave isolation treatment without authorization before the expiration of isolation period.
Medical institutions should take necessary treatment and control measures according to the condition when they find patients with Class B and Class C infectious diseases.
Medical institutions must, in accordance with the provisions of laws and regulations, disinfect and dispose of places, articles and medical wastes contaminated by infectious disease pathogens in their own units.
Article 65 of the Emergency Response Law of People's Republic of China (PRC).
Whoever, in violation of the provisions of this Law, fabricates and disseminates false information about the development of emergencies or emergency response, or knowingly disseminates false information about the development of emergencies or emergency response, shall be ordered to make corrections and given a warning; If serious consequences are caused, business activities shall be suspended or the practice license shall be revoked according to law; If the person directly responsible is a state functionary, he shall also be punished according to law; If it constitutes a violation of public security administration, it shall be punished by the public security organ according to law.
7. Article 1 14 of the Criminal Law
Those who set fire, burst water, explode, throw toxic, radioactive, infectious disease pathogens and other substances or endanger public safety by other dangerous methods, but have not caused serious consequences, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
8. Article 1 15 of the Criminal Law
Whoever sets fire, breaks water, explodes, releases toxic, radioactive, infectious disease pathogens and other substances or causes serious injuries, deaths or heavy losses to public or private property by other dangerous means shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.
9. Article 145 of the Criminal Law
Whoever produces medical devices or medical materials that do not meet the national or industrial standards for protecting human health, or sells medical devices or medical materials that knowingly do not meet the national or industrial standards for protecting human health, which is enough to seriously endanger human health, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined not less than 50% but not more than two times the sales amount; Whoever causes serious harm to human health shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall be fined not less than 50% but not more than two times the sales amount; If the consequences are especially serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50% but not more than 2 times the sales amount or his property shall be confiscated.
10. Article 225th of the Criminal Law
Whoever, in violation of state regulations, commits one of the following illegal business operations and disrupts the market order, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, be fined not less than one time but not more than five times the illegal income; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than one time but not more than five times for illegal gains or confiscation of property:
(a) operating a franchise or monopoly commodity or other commodities whose operation is restricted by laws and administrative regulations without permission;
(2) buying and selling import and export licenses, import and export certificates of origin and other business licenses or approval documents stipulated by laws and administrative regulations;
(three) without the approval of the relevant competent departments of the state, illegally engaged in securities, futures, insurance business, or illegally engaged in fund payment and settlement business;
(four) other illegal business activities that seriously disrupt the market order.
1 1. Article 277 of the Criminal Law
Whoever obstructs state functionaries from performing their duties according to law by violence or threats shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or a fine.
Whoever obstructs deputies to the National People's Congress and local people's congresses at various levels from performing their duties according to law by violence or threats shall be punished in accordance with the provisions of the preceding paragraph.
In natural disasters and emergencies, those who obstruct Red Cross staff from performing their duties according to law by violence or threats shall be punished in accordance with the provisions of the first paragraph.
Whoever intentionally obstructs a state security organ or a public security organ from performing the tasks of state security according to law without resorting to violence or threats and causing serious consequences shall be punished in accordance with the provisions of the first paragraph.
Whoever violently attacks the people's police who perform their duties according to law shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; Whoever causes accidents by using guns, controlled knives or driving a motor vehicle, which seriously endangers personal safety, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
12. Article 29 of the Criminal Law1
Whoever publishes false explosive, toxic, radioactive, infectious disease pathogens and other information, or fabricates terrorist information such as explosion threat, biochemical threat and radiation threat, or spreads it knowing that it is terrorist information, thus seriously disrupting social order, shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance; If serious consequences are caused, they shall be sentenced to fixed-term imprisonment of not less than five years.
Whoever fabricates a false danger, epidemic situation, disaster situation or warning situation and spreads it on the information network or other media, or knowingly spreads it on the information network or other media, thus seriously disrupting social order, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; If serious consequences are caused, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
13. Article 330th of the Criminal Law
In violation of the provisions of the Law on the Prevention and Control of Infectious Diseases, anyone who, under any of the following circumstances, causes the spread of Class A infectious diseases and infectious diseases whose prevention and control measures are determined according to law or is in serious danger of spread shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the consequences are especially serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years:
(a) the drinking water supplied by the water supply unit does not meet the hygienic standards prescribed by the state;
(2) refusing to disinfect sewage, dirt, places and articles contaminated by infectious disease pathogens according to the hygiene requirements put forward by the disease prevention and control institutions;
(3) allowing or conniving patients with infectious diseases, pathogen carriers and suspected patients with infectious diseases to engage in the work that is prohibited by the administrative department of health of the State Council and is easy to spread the infectious diseases;
(4) Selling or transporting articles contaminated or possibly contaminated by infectious disease pathogens in epidemic areas without disinfection;
(five) refusing to implement the prevention and control measures put forward by the people's governments at or above the county level and the disease prevention and control institutions according to law. If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.
The scope of Class A infectious diseases shall be determined in accordance with the Law of People's Republic of China (PRC) on the Prevention and Control of Infectious Diseases and the relevant provisions of the State Council.
14. Article 338 of the Criminal Law
Whoever, in violation of state regulations, discharges, dumps or disposes of radioactive wastes, wastes containing infectious disease pathogens, toxic substances or other harmful substances, which seriously pollutes the environment, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined; Under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not less than seven years and fined:
(1) Discharging, dumping or disposing of radioactive wastes, wastes containing infectious disease pathogens and toxic substances in key protected areas determined according to law, such as drinking water source protection areas and core protected areas of nature reserves, if the circumstances are particularly serious;
(2) Discharging, dumping or disposing of radioactive wastes, wastes containing infectious disease pathogens and toxic substances to important rivers and lakes designated by the state, if the circumstances are particularly serious;
(3) Causing a large number of basic functions of permanent basic farmland to be lost or permanently damaged;
(4) Causing serious injuries or diseases to many people, or causing serious disability or death.
Whoever commits the acts mentioned in the preceding paragraph and constitutes other crimes shall be convicted and punished in accordance with the provisions of heavier punishment.
15. Article 409 of the Criminal Law
The staff engaged in the prevention and treatment of infectious diseases in the health administrative department of the government are seriously irresponsible, which leads to the spread or epidemic of infectious diseases. If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.