Not wearing a mask in case of pneumonia, violating the isolation regulations, judge: possible crime

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 Not wearing a mask in case of pneumonia, violating the isolation regulations, judge: possible crime


Recently, a man refused to measure the temperature and abused the police.

Under the situation of pneumonia, it is the legal duty of citizens to wear masks

On January 30, the website of the Ministry of Public Security announced that since the outbreak of pneumonia caused by the new coronavirus, 377 cases of disturbing social order, 83 cases of interfering with epidemic prevention and control and 55 cases of interfering with public affairs have been investigated and dealt with nationwide. It includes several local incidents in Hubei where the involved personnel obstructed the medical personnel from taking the temperature and robbed the thermometer; the town cadres who were dissuaded were injured; and the warning signs set up by the public security organs were damaged.

In Beijing, on January 29, when a man, Han Mou, was taking a bus, the steward told him to wear a mask, but he did not listen to the dissuasion and abused the steward. Coincidentally, on the same day, Liang was in front of the first Yuyuan community in Daxing District. He was not satisfied with the requirement of temperature measurement when entering the community, and had a dispute with the community security guard. Tuanhe police station in the process of on-site disposal, Liang insulted the police.

In response to the above situation, Fu explained that the National Peoples Congress and the State Council have corresponding regulations for epidemic prevention and control, such as the emergency response law of the peoples Republic of China (hereinafter referred to as the response law), the emergency response regulations of the State Council for public health emergencies and the law on the prevention and control of infectious diseases, and some units, treatment institutions and individuals should abide by the corresponding regulations.

Take the response law as an example, which mentions that after the occurrence of public health events, the peoples government can take necessary measures to prevent the occurrence of secondary and derivative events, so as to avoid more serious impact. In combination with the pneumonia epidemic, many local governments have issued regulations that people should wear masks in public places because of the infectivity. Therefore, as a citizen, it is a legal obligation to abide by the regulations.

Fu said police have the right to enforce the law for those who do not wear masks. If the parties do not cooperate with the police in performing their duties, they will be subject to administrative punishment if they violate the corresponding provisions of administrative punishment. If the parties take violence, threat and other methods to prevent the staff from performing their duties according to law, they can be convicted and punished as the crime of obstructing public service. If it is a staff member who insults and performs relevant duties, and the circumstances are serious, the party concerned will be investigated for criminal responsibility for insulting others.

In case of violation of the provisions on isolation, if the circumstances are serious, the offender shall be investigated for criminal responsibility

According to Fu Xiangbings analysis, the infectivity of the new coronavirus belongs to the social consensus. If some people have been diagnosed with new crown pneumonia, but still do not comply with the isolation regulations, they need to determine subjectively whether they have the mentality of revenge society to make such behavior. If so, it is necessary to investigate the responsibility of the crime of endangering public security by dangerous means, this is not based on whether it infects others.

Fu Xiangbing said that in the current special period, even if there is no corresponding law, from a moral point of view, the public should wear masks and perform the relevant duty of care in public. This is not only responsible for themselves, but also for the family and the whole society. At present, the criminal and related laws and regulations are very perfect. This time, the virus is very contagious. The citizens should perform their moral and legal obligations in parallel.

In order to ensure the smooth implementation of the deployment requirements of the CPC Central Committee, the State Council, the Heilongjiang provincial Party committee and the provincial government on the prevention and control of the new coronavirus epidemic situation, the Heilongjiang Provincial Higher Peoples Court issued the urgent notice on severely cracking down on the criminal crimes related to the prevention and control of epidemic situation, and arranged and deployed the criminal trial work related to the prevention and control of epidemic situation in the provincial court according to law, In accordance with the law, we will severely punish 9 categories and 36 kinds of criminal crimes involved in epidemic prevention and control.