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Illegal behavior of epidemic situation and its legal consequences
During the epidemic prevention and control period

What actions may be taken?

force of law

The police reminded:

0 1, violating the social management order of epidemic prevention and control.

1, take public transportation, and go in and out of public places such as residential areas, supermarkets, vegetable markets and hotels. , refused to cooperate with the management to persuade them to wear masks.

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), given a warning or imposed 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, access to residential areas, supermarkets, vegetable markets, hotels and other related places, refused to cooperate with health information verification, refused to cooperate with the provisions of the identity registration.

Suspected of violating Article 50 of the Law on Public Security Administration Punishment, 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 closed community residents refused to cooperate with closed community management, in violation of the relevant provisions of the epidemic prevention and control headquarters, and went out to gather without authorization.

Violation of Article 50 of the Law on Public Security Administration Punishment, with 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 Article 330th of the Criminal Law, which constitutes a crime of obstructing the prevention and control of infectious diseases; If a patient or pathogen carrier, after being diagnosed, conceals his illness or travel information, enters a public place or takes public transportation, causing the spread of novel coronavirus, he may be suspected of Articles 114 and 115 of the Criminal Law, which constitutes a crime of endangering public safety by dangerous means.

4. Vehicles and personnel who pass the epidemic prevention and control card point refuse to cooperate or refuse to accept the inspection of the card point staff by punching in.

Violation of Article 50 of the Law on Public Security Administration Punishment, with 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. Causing or having a serious risk of spreading in novel coronavirus may be suspected of Article 330th of the Criminal Law, which constitutes the crime of obstructing the prevention and control of infectious diseases.

5, included in the scope of nucleic acid detection, people do not participate in the unified organization of nucleic acid detection.

In violation of 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 the Law on Public Security Administration Punishment and constitute a violation of public security administration, and shall 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.

6. Persons with yellow and red health codes failed to carry out family health monitoring or centralized isolation observation in accordance with regulations.

Suspected of violating Article 50 of the Law on Public Security Administration Punishment, 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. Conceal illness, travel information (especially residence history in key areas) and close contact history with confirmed cases or suspected cases.

Violation of Article 50 of the Law on Public Security Administration Punishment, with 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 the relevant provisions of Article 330th of the Criminal Law, which constitutes a crime of obstructing the prevention and control of infectious diseases; If a patient or pathogen carrier, after being diagnosed, conceals his illness or travel information, enters a public place or takes public transportation, causing the spread of novel coronavirus, he may be suspected of Articles 114 and 115 of the Criminal Law, which constitutes a crime of endangering public safety by dangerous means.

8, refused to cooperate with the disease control and public security departments to carry out epidemiological investigation.

Violation of Article 50 of the Law on Public Security Administration Punishment, with 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 the relevant provisions of Article 330 of the Criminal Law, which constitutes the crime of obstructing the prevention and treatment of infectious diseases. Anyone who obstructs the staff of state organs (including those engaged in epidemic prevention and control work in state organs) from conducting epidemic investigation according to law by violence or threat may be suspected of Article 277 of the Criminal Law, which constitutes a crime of nuisance of official duties.

9. Persons with symptoms such as fever, dry cough, fatigue, decreased sense of smell and taste, nasal congestion, runny nose, sore throat, conjunctivitis, myalgia, diarrhea, etc. fail to go to the fever clinic for medical treatment according to the requirements of epidemic prevention and control, and are ineffective after being discouraged.

Violation of Article 50 of the Law on Public Security Administration Punishment, with 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. Causing or having a serious risk of spreading in novel coronavirus may be suspected of Article 330th of the Criminal Law, which constitutes the crime of obstructing the prevention and control of infectious diseases.

10, failing to accept health monitoring and management according to regulations after centralized isolation, and being discouraged is invalid.

Violation of Article 50 of the Law on Public Security Administration Punishment, with 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.

Causing or having a serious risk of spreading in novel coronavirus may be suspected of Article 330th of the Criminal Law, which constitutes the crime of obstructing the prevention and control of infectious diseases.

1 1. During the epidemic prevention and control period, chess and card stalls and mahjong parlors were set up in the residence of family members to illegally sell cold medicines and antipyretics.

Violation of Article 50 of the Law on Public Security Administration Punishment, with a warning or a fine of less than 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; Or other administrative penalties may be imposed by the relevant departments.

Causing or having a serious risk of spreading in novel coronavirus may be suspected of Article 330th of the Criminal Law, which constitutes the crime of obstructing the prevention and control of infectious diseases.

12. During the epidemic prevention and control period, residents were discouraged from going out to participate in gathering activities such as playing cards, catering and entertainment in violation of regulations.

Violation of Article 50 of the Law on Public Security Administration Punishment, with 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 Article 330th of the Criminal Law, which constitutes a crime of obstructing the prevention and control of infectious diseases; If a patient or pathogen carrier, after being diagnosed, conceals his illness or travel information, enters a public place or takes public transportation, causing the spread of novel coronavirus, he may be suspected of Articles 114 and 115 of the Criminal Law, which constitutes a crime of endangering public safety by dangerous means.

13. Forge or alter the negative certificate of nucleic acid test in medical institutions, fraudulently use other people's health codes and travel codes, or take other ways to conceal the travel and activity tracks, so as to cheat the trust of relevant personnel, travel, visit or enter public places, resulting in the spread of novel coronavirus or serious danger of spread.

Violation of Article 50 of the Law on Public Security Administration Punishment, with a warning or a fine of less than 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; Or other administrative penalties may be imposed by the relevant departments. It may be suspected of Article 330 of the Criminal Law, which constitutes the crime of obstructing the prevention and treatment of infectious diseases.

14, to help others escape the inspection measures for epidemic prevention and control.

Violation of Article 50 of the Law on Public Security Administration Punishment, with 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.

Causing or having a serious risk of spreading in novel coronavirus may be suspected of Article 330th of the Criminal Law, which constitutes the crime of obstructing the prevention and control of infectious diseases.

15, residents and enterprises did not cooperate with the disinfection work related to epidemic prevention and control, and it was ineffective after being discouraged.

Violation of Article 50 of the Law on Public Security Administration Punishment, with 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.

Causing or having a serious risk of spreading in novel coronavirus may be suspected of Article 330th of the Criminal Law, which constitutes the crime of obstructing the prevention and control of infectious diseases. Anyone who obstructs the staff of state organs (including those engaged in epidemic prevention and control work in state organs) from conducting epidemic investigation according to law by violence or threat may be suspected of Article 277 of the Criminal Law, which constitutes a crime of nuisance of official duties.

02, in violation of the epidemic prevention and control of economic management order.

16, during the epidemic period, hoarding maliciously, driving up prices and profiteering.

It will be handled by the market supervision and management department in accordance with the law. 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 Article 225 of the Criminal Law, which constitutes the crime of illegal business operation.

17, producing medical masks, goggles, protective clothing and other medical devices that do not meet the national and industrial standards for protecting human health.

Administrative punishment 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, and will be convicted of the crime of producing and selling unqualified medical devices and severely punished according to law.

18. During the epidemic prevention and control period, under the guise of developing, producing and selling articles for epidemic prevention and control, defrauding public or private property, or fabricating facts to defraud the public to donate money and materials, with a relatively large amount.

May be suspected of Article 266 of the Criminal Law, convicted and punished for fraud.

03, other illegal and criminal acts in violation of epidemic prevention and control.

19, making use of the novel coronavirus epidemic to create and spread rumors, inciting secession, undermining national unity, or inciting subversion of state power and overthrowing the socialist system.

It may be suspected of the second paragraph of Article 103 and the second paragraph of Article 105 of the Criminal Law, and the crime of inciting secession or inciting subversion of state power is put on file for investigation.

20, during the epidemic prevention and control, fabricate false epidemic information, spread in public places such as the Internet, or knowingly help spread and spread 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, the business activities shall be suspended or the practice license shall be revoked according to law. Violation of Article 25 of the Law on Public Security Administration Punishment, detention for more than 5 days 10 days, and a fine of less than 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 Article 291 of the Criminal Law, which constitutes the crime of fabricating and intentionally spreading false information.

2 1. Deliberately disclosing personal privacy-related information and materials of patients with infectious diseases, pathogen carriers, suspected patients with infectious diseases and close contacts.

Violation of Article 42 of the Law on Public Security Administration Punishment, detention of less than 5 days or a fine of less than 500 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. Selling or illegally providing citizens' personal information obtained by state organs or educational, medical and other units in the course of performing their duties and providing services to others, if the circumstances are serious, may be suspected of Article 253 of the Criminal Law, which constitutes a crime of infringing citizens' personal information.

22. During the period of epidemic prevention and control, intentionally hurting medical personnel and causing serious consequences of minor injuries, or tearing protective equipment and spitting on medical personnel, causing medical personnel to be infected with novel coronavirus.

May be suspected of Article 234 of the Criminal Law, which constitutes the crime of intentional injury; Beating medical staff at will, if the circumstances are bad, may be suspected of Article 293 of the Criminal Law, which constitutes the crime of stirring up trouble; Whoever publicly insults or intimidates medical personnel by violence or other means, if the circumstances are serious or bad, may be suspected of Articles 246 and 293 of the Criminal Law, which constitutes the crime of insulting or provoking troubles.

23, grassroots medical and health institutions in violation of the first diagnosis responsibility system, unauthorized admissions fever patients, causing serious consequences.

Suspend business activities or revoke the practice license according to law. Causing or having a serious risk of spreading in novel coronavirus may be suspected of Article 330th of the Criminal Law, which constitutes the crime of obstructing the prevention and control of infectious diseases.

24, in violation of epidemic prevention and control regulations, throwing masks, protective clothing and other medical protective equipment, in violation of epidemic prevention and control regulations such as the Law on the Prevention and Control of Infectious Diseases, unauthorized disposal of medical protective equipment, equipment, medical waste and other toxic and harmful substances containing novel coronavirus pathogens, seriously polluting the environment.

It may be suspected of Article 338 of the Criminal Law, which constitutes a crime of environmental pollution.

Deliberately releasing pathogens from coronary heart disease, seriously endangering public safety, causing serious injuries, deaths or heavy losses to public and private property, may be suspected of Articles 114 and 115 of the Criminal Law, which constitutes a crime of endangering public safety by dangerous means.

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 expiration of the isolation period.

In violation of the provisions of the first paragraph of Article 39 of the Law on the Prevention and Control of Infectious Diseases, the public security organ may assist medical institutions to take compulsory isolation treatment measures.

Twenty-six, testing institutions without inspection and testing issued inspection and testing results report or issued false inspection and testing results report, or manufacturing or buying false inspection and testing results report, resulting in the spread of novel coronavirus or serious risk of spread.

It may be suspected of Article 330 of the Criminal Law, which constitutes the crime of obstructing the prevention and treatment of infectious diseases.

27, during the epidemic, deliberately spread pathogens in COVID-19, endangering public safety.

For example, novel coronavirus infected people resist epidemic prevention and control measures, deliberately spread novel coronavirus pathogens to endanger public safety, and novel coronavirus patients and pathogen carriers who have been diagnosed refuse isolation treatment or leave isolation treatment without authorization before the expiration of the isolation period, enter public places or take public transportation; Suspected patients with pneumonia in novel coronavirus refused isolation treatment or left isolation treatment before the expiration of the isolation period, and entered public places or took public transportation, thus causing the spread of novel coronavirus. They may be suspected of Articles 114 and 115 of the Criminal Law, which constitutes the crime of endangering public safety by dangerous means.

28, engaged in experiments, preservation, carrying, transporting infectious virus strains and viruses, in violation of the relevant provisions of the administrative department of health of the State Council, resulting in the spread of infectious virus strains and viruses, resulting in serious consequences.

It may be suspected of Article 331 of the Criminal Law, which constitutes the crime of spreading infectious disease strains and viruses.

29. Violation of frontier health and quarantine regulations, evasion, confusion or other means when entering or leaving the country, failure to accept medical examination, sanitary inspection and necessary sanitary treatment of persons or articles by frontier health and quarantine organs, and other violations of the obligation to accept frontier health and quarantine, resulting in the spread of quarantine infectious diseases.

It may be suspected of Article 332 of the Criminal Law, which constitutes the crime of obstructing frontier health and quarantine.

30. Evading the quarantine of prohibited articles entering the country as stipulated in the Entry-Exit Animal and Plant Quarantine Law, or failing to effectively control and deal with prohibited articles allowed to enter the country, resulting in their escape and spread.

It may be suspected of Article 337 of the Criminal Law, which constitutes a crime of obstructing animal and plant epidemic prevention and quarantine.

The police reminded:

More understanding, more security. It is everyone's responsibility to prevent and control the epidemic. Please ask the masses to raise awareness of epidemic prevention and control. For those who refuse to cooperate with the epidemic prevention and control work, the police will investigate their responsibilities according to law and promote the implementation of epidemic prevention and control measures.

Source: China Police Network.