On April 6, according to the “Hangzhou release” notice, from 0:00 to 11:00, there was a new asymptomatic case of novel coronavirus infection in Hangzhou. The asymptomatic case was an investigation assistant from other provinces. In addition, it was reported that Ning and Party came to Hangzhou from medium and high-risk areas outside the province and deliberately concealed their itinerary during the investigation by epidemic prevention staff, resulting in social transmission risk. They have been filed for investigation by Hangzhou Shangcheng district public security branch according to law.
Dengqianqiu, a lawyer of Beijing Zhongwen law firm, told the Red Star News reporter that if novel coronavirus spreads or there is a serious risk of spreading, it may violate the criminal law, constitute the crime of hindering the prevention and control of infectious diseases, and need to bear criminal responsibility according to law.
Gong Ping, a lawyer from Beijing Leijie Zhanda law firm, said in an interview with red star news that if the person involved deliberately conceals the disease when the nucleic acid test is positive, resulting in the spread of pathogens, or will be suspected of endangering public security by dangerous methods.
▲ screenshot of Hangzhou release
The two came to Hangzhou from high-risk areas of the epidemic
Causing the risk of social communication and being put on file for investigation
According to the official wechat official account of “Hangzhou release”, at 0~11 o’clock on April 6, there was a new asymptomatic novel coronavirus infection in Hangzhou. The asymptomatic infected person is an assistant from other provinces. After tracking, he was included in centralized isolation. After detection of nucleic acid positive, he has been transferred to a designated hospital in closed loop for isolation. At present, his condition is stable.
In addition, according to the report of the COVID-19 in Hangzhou, on April 5, Ning and Dang came to Hangzhou from areas with medium and high risk of epidemic outside the province. During the investigation by the epidemic prevention staff, they deliberately concealed their itinerary, resulting in the risk of social transmission. They have been put on file for investigation by Hangzhou Shangcheng district public security branch according to law.
The flow regulation information shows that the trajectory of the asymptomatic infected person includes:
On April 5, train k1805 (carriage 2, no seat). On April 5, enter the public toilet (women’s toilet) near the nucleic acid detection point on the first floor of the railway building at 6:35 and 9:25 respectively, enter the affordable supermarket in the city station square at 7:31, enter the century Hualian Supermarket in the city station square at 7:37, enter the city station subway station of line 1 at 10:09, transfer line 4 to Jiangjin Road subway station through Jinjiang subway station, leave the station at 11:12 and enter Hangzhou Vientiane City (Fuchun Road, Shangcheng District) at 11:17, 11:40 ~ 21:00 in Hangzhou Raffles Center (Xinye Road, Shangcheng District).
Lawyer interpretation: deliberately concealing the itinerary caused the spread of the virus
Or has constituted the crime of obstructing the prevention and control of infectious diseases, and shall bear criminal responsibility
Deng Qianqiu, a lawyer of Beijing Zhongwen law firm, pointed out in an interview with red star news that during the epidemic prevention and control period, local people’s governments issued a series of administrative orders on travel reporting, wearing masks and cooperating with epidemiological investigation. If novel coronavirus spreads or there is a serious risk of spreading, it may violate the criminal law and constitute the crime of obstructing the prevention and control of infectious diseases, which requires criminal responsibility according to law.
According to Article 330 of the criminal law, “the crime of obstructing the prevention and control of infectious diseases” causes the spread or serious risk of the spread of class A infectious diseases, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the consequences are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Gong Ping, a lawyer from Beijing Leijie Zhanda law firm, also mentioned in an interview with red star news that if the person involved deliberately conceals the disease when the nucleic acid test is positive, resulting in the spread of pathogens, he will be suspected of endangering public security by dangerous methods. In accordance with the provisions of relevant documents, those who intentionally spread novel coronavirus to infect pneumonia pathogens, have relevant circumstances and endanger public security, shall be convicted and punished in accordance with the provisions of the criminal law or the crime of endangering public security by dangerous means.
“Whoever commits the crime of endangering public security by dangerous means and has not caused serious consequences shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years; whoever commits this crime and causes serious injury or death to people or heavy losses to public or private property shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.” Gong Ping said.
Refusal to implement epidemic prevention and control measures caused virus transmission
The maximum sentence is fixed-term imprisonment of not less than three years but not more than seven years
The Red Star News reporter learned that the pneumonia caused by the novel coronavirus was included in the class B infectious diseases stipulated in the law on the prevention and control of infectious diseases by the National Health Commission on January 21, 2020, and the prevention and control measures for class A infectious diseases were taken, which is highly infectious.
On February 6 of the same year, the “two Supreme People’s congresses and two ministries” jointly issued the “opinions on punishing the crimes of obstructing the prevention and control of the epidemic situation of novel coronavirus infection with pneumonia according to law”, which stipulates that Whoever intentionally spreads the pathogen of novel coronavirus infection with pneumonia, has one of several circumstances and endangers public security, shall be convicted and punished for the crime of endangering public security by dangerous means in accordance with the provisions of Article 114 and paragraph 1 of Article 115 of the criminal law. These include:
1。 A confirmed pneumonia patient or pathogen carrier infected with novel coronavirus refuses isolation treatment or leaves isolation treatment before the expiration of the isolation period, and enters a public place or public transport; 2。 A suspected patient infected with pneumonia by novel coronavirus refuses isolation treatment or leaves isolation treatment before the isolation period expires, and enters public places or public transport, resulting in the spread of novel coronavirus.
Other persons who refuse to implement the prevention and control measures proposed by the health and epidemic prevention institutions in accordance with the law on the prevention and control of infectious diseases, thereby causing the spread of the novel coronavirus or serious danger of its spread, shall be convicted and punished for the crime of impairing the prevention and control of infectious diseases in accordance with the provisions of article 330 of the criminal law.
Article 330 of the criminal law stipulates that those who violate the provisions of the law on the prevention and control of infectious diseases and have relevant circumstances, causing the spread or serious risk of the spread of class A infectious diseases, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the consequences are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
“As for what kind of legal responsibility these two people will ultimately bear, the public security organ needs to make a specific determination in combination with the specific circumstances of the case and the personal circumstances of the parties, such as age and mental status.” Deng Qianqiu said.
Red Star News reporter Wu Yang intern He Yu