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Infected person conceals the whereabouts of the disease experts said these suspected crimes!

category:Global
 Infected person conceals the whereabouts of the disease experts said these suspected crimes!


What legal risks do these acts face? Ruan Qilin, a professor at China University of political science and law, told Nandu reporters that if the virus carriers do not take the initiative to report and hide their escape, if the parties deliberately spread the virus, they can be convicted of the crime of endangering public security by dangerous means. Chen Xuan, an associate professor at the Law School of Renmin University of China, said that anyone who fabricates terrorist information related to the epidemic and seriously disrupts social order may be convicted and punished for the crime of fabricating or deliberately disseminating false terrorist information.

If the infected person does not report or hide his escape, he may be convicted of the crime of endangering public safety by dangerous means

On January 31, Gou, a confirmed case, was put on file for investigation by Xining police on suspicion of endangering public security by dangerous means. This is the first criminal case involving epidemic in Qinghai Province, and the prosecution has intervened in advance.

After preliminary investigation by the public security organ, Gou, a villager from hanshuigou village, Lijiashan Town, Huangzhong County, Xining City, has been working in Wuhan for a long time. After returning to Nanjing recently, Gou refused to comply with the requirements of Xining city that personnel in key areas need to register with the community (Village) and take the initiative to live in isolation, deliberately concealed the real itinerary and activities, fabricated false information on the date of returning to Nanjing, and had symptoms of fever and cough Deliberately concealing and deceiving the interviewers, and actively contacting with the surrounding people for many times. In particular, Gou deliberately concealed the fact that his son had returned to Nanjing from Wuhan with him, and his son had been active outside many times and had close contact with the crowd, the circular said.

At present, Gou and his son have been confirmed. Gous behavior violates the relevant national laws and regulations such as the criminal law, the law on the prevention and control of infectious diseases, and the notice of the headquarters for the prevention and control of pneumonia infected by the new coronavirus in Xining City, Qinghai Province, which seriously interferes with the prevention and control of epidemic situation. On January 31, Gou was put on record and investigated by the public security organ for the crime of endangering public security by dangerous methods Take relevant measures and isolate them for treatment.

On January 31, Xining peoples Procuratorate intervened in the case in advance.

In addition, recently, nine people who refused to obey the regulations on home-based isolation in Yunlin street, Xishan District, Wuxi City, Jiangsu Province also implemented compulsory isolation measures; a Hubei couple who went to Chenghai, Shantou, Guangdong Province, suffered from fever, cough and other symptoms, and neither the insiders nor the parties took the initiative to report, the latter one was diagnosed, and the local police charged four people with the crime of endangering public safety by dangerous methods A man in Machong, Dongguan City, Guangdong Province, refused to be dissuaded, refused to wear a mask and abused the steward. He was detained by the local police for five days

How to treat the behaviors of false report and concealment, refusing to cooperate with isolation, observation or mask?

The reporter of Nandu noted that as early as in the period of SARS in 2003, the two highs jointly issued the interpretation on Several Issues concerning the specific application of laws in criminal cases of obstructing the prevention and control of sudden infectious diseases and other disasters (hereinafter referred to as the interpretation).

It is specially stipulated that Whoever intentionally spreads pathogens of sudden infectious diseases and endangers public security shall be convicted and punished according to the crime of endangering public security by dangerous means. Those who refuse to accept quarantine, compulsory isolation or treatment due to sudden infectious diseases or suspected sudden infectious diseases, and whose negligence causes the spread of infectious diseases, if the circumstances are serious and endangers public security, shall be convicted and punished according to the crime of endangering public security by dangerous methods through negligence.

On February 3, Ruan Qilin, a professor of China University of political science and law, told Nandu reporters that the pneumonia epidemic caused by the new coronavirus also belongs to the outbreak of infectious diseases in the interpretation, and relevant regulations can be applied. Ruan Qilin said that if the person who carried the virus didnt take the initiative to report and hide the escape behavior, if the party intentionally spread the virus, he was suspected of putting in dangerous substances, and could be convicted of the crime of endangering public safety by dangerous methods.

Ruan Qilin believes that if the party concerned only returns from the epidemic area, does not know that he is a virus infected person or constitutes a suspect, but does not listen to the dissuasion, does not comply with the relevant isolation regulations, resulting in other peoples infection, he can consider the crime of endangering public safety by dangerous methods as a crime of conviction and punishment.

Xu Hao, a lawyer from Beijing Jingshi law firm, also told Nandu that the above explanation filled in the loophole of the criminal law punishment for those who did not cooperate with medical observers in the epidemic situation of infectious diseases. Due to the high risk of potential infectious diseases in suspected cases, failure to perform the compulsory isolation obligation may pose a threat to the life safety of unspecified persons, so the crime of endangering public security by dangerous methods is applicable.

It is suspected of fabricating or deliberately spreading false terrorist information for spreading false terrorist information

At this critical period of anti epidemic, there are still people who make up false information on the Internet, claiming to infect others with virus or falsely claiming that there are confirmed cases running out of the hospital, creating panic.

On January 28, Tongzhou branch of Beijing Municipal Public Security Bureau issued a notice saying that on January 26, Tongzhou police received a response from the masses that some netizens posted a post claiming to be infected with the new coronavirus and deliberately went to densely populated places with the intention of infecting others. Tongzhou police quickly launched an investigation, on the same day will post Liu Mou (male, 22 years old) seized.

After investigation, Liu was not infected with the virus and was in good health. His confession was made up and spread false information out of a prank mentality. At present, Liu has been detained by TongZhou police on suspicion of fabricating and deliberately disseminating false terrorist information, and the case is under further processing.

On January 27, Kaifu branch of Changsha Public Security Bureau in Hunan Province reported that a man took a selfie photo in the area of Changsha Wuyi Square, holding his own ID card (registered in Hubei Province) and said, I just came from Wuhan, Hubei Province, to harm others.

The video quickly spread on the Internet. Some netizens worried and called the police. After investigation, the man Zhou Mou, 22 years old, registered in Shishou, Hubei Province. Zhou worked with his parents in Changsha for a long time. He has not left Changsha since October 6, 2019. On the afternoon of January 26, Zhou made and released the video for the purpose of pure fun and entertainment. Police in Kaifu, Changsha, Wednesday detained Zhou for five days.

In addition, another netizen in Benxi, Liaoning Province, announced in the wechat group, if you are in Benxi recently, you must wear a mask, and the confirmed case in Benxi has come out of the hospital.. After investigation, rumor maker Chen XX (female, 21 years old) heard that a new type of coronavirus epidemic was found in the city. After the fictitious patient escaped from the hospital, the information spread in wechat group, and then was reprinted by others through other channels, resulting in bad influence and social panic. At present, the public security organ has admonished Chen according to law.

In response, Chen Xuan, associate professor of Law School of Renmin University of China, explained to Nandu reporter that Whoever fabricates terrorist information related to the infection of pneumonia by the new coronavirus, or knowingly spreads such terrorist information intentionally and seriously disturbs the social order, can be convicted and punished for the crime of fabricating and deliberately disseminating false terrorist information in accordance with article 291-1 of the criminal law.

According to the interpretation of the Supreme Peoples Court on Several Issues concerning the application of laws in the trial of criminal cases of fabricating and intentionally disseminating false terrorist information adopted in 2013, false terrorist information refers to events that seriously threaten public security, such as explosion threat, biochemical threat, radiation threat, hijacking of aircraft threat, major disaster, major epidemic situation, etc., and may cause social terrorism False information about panic or public security crisis.

(function() {(window. Slotbydup = window. Slotbydup| []). Push ({ID: u5811557, container: ssp_, async: true});}) (); for fabricating false danger, epidemic situation, police situation, disaster situation, disseminating on information network or other media, or knowingly disseminating the above false information on information network or other media, seriously disturbing social order, under three years If there are serious consequences, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. In addition, there was a rumor that Academician Li Lanjuan said that falling in love can prevent pneumonia caused by the new coronavirus, which was later clarified as a spoof by netizen P-figure. How to judge the legal boundary of this kind of prank? Ruan Qilin explained that some mischievous or joking behaviors on the Internet are not enough to make the public reach the level of mistrust, which does not constitute a crime. However, these acts may be subject to administrative penalties for disturbing public order. If the epidemic prevention information is disseminated in the name of medical experts, it may damage the reputation of experts. Collected and written by: Liu Yi, reporter from Nandu, Xiang Xueni, editor: Zhang Yali, source: responsible editor of Southern Metropolis Daily, Wang Hailu, na1702

Whoever fabricates false danger, epidemic situation, police situation or disaster, spreads it on the information network or other media, or knowingly spreads it on the information network or other media, thus seriously disturbing 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, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

In addition, there was a rumor that Academician Li Lanjuan said that falling in love can prevent pneumonia caused by the new coronavirus, which was later clarified as a spoof by netizen P-figure. How to judge the legal boundary of this kind of prank?

Ruan Qilin explained that some mischievous or joking behaviors on the Internet are not enough to make the public reach the level of mistrust, which does not constitute a crime. However, these acts may be subject to administrative penalties for disturbing public order. If the epidemic prevention information is disseminated in the name of medical experts, it may damage the reputation of experts.

Liu Yi, reporter from Nandu, Xiang Xueni

Editor: Zhang Yali