A series of conditions should be met for the death penalty
Heilongjiang Provincial High Court said that those who intentionally spread new coronavirus pathogens and endanger public security may be suspected of violating Article 114 and paragraph 1 of Article 115 of the criminal law and committing the crime of endangering public security by dangerous means, with the highest possible death penalty.
According to Article 114 of the criminal law, whoever sets fire, destroys water, explodes or places toxic, radioactive, infectious disease pathogens or other substances or uses other dangerous methods to endanger public security, but has not caused serious consequences, shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years.
Article 115 the first paragraph of Article 115 clearly states that whoever sets fire, destroys water, explodes or throws in poisonous, radioactive, infectious disease pathogens or other substances or by other dangerous means causes serious injury or death to a person or causes heavy losses to public or private property shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.
Ruan Qilin, a professor at China University of political science and law, said that the legal maximum penalty for intentional transmission of new coronavirus pathogens is indeed the death penalty, but it needs to meet the conditions for intentional transmission, causing serious injury, death and other serious consequences.
How to determine whether it is intentional? Ruan Qilin introduced that the determination of intention is relatively complex, which needs to be combined with individual cases. For example, if the patient is not diagnosed and has not been admitted, and has been in and out of public places for many times, then it is not allowed to speculate maliciously or judge simply.
The consequences of causing serious injury and death need to prove the causal relationship. How many people the actor contacts and how many people suffer from the disease and cause serious injury and death, and make the proof, which is relatively complex in practice.
Specific cases will be taken into consideration when applying the penalty
Hubei Provincial Department of Public Security issued a document to make it clear that the new coronavirus carriers who spit at others in public, who suffer from or are suspected of being infected, refuse to accept quarantine, compulsory isolation or treatment, and those who negligently cause the spread of infectious diseases will be prosecuted for criminal responsibility.
Among many crimes mentioned in the documents of Heilongjiang Provincial High Court, the highest legal penalty is death penalty.
Ruan Qilin said that this is to play a deterrent role, and hoped that everyone would pay attention to the prevention and control of the epidemic, especially for the infected patients, so as not to run out without masks to contact others, deliberately spread and so on.
However, when the penalty is applied, it will take into account the situation of the individual case, the infected, the infected, the virus disseminator and other aspects. Ruan Qilin said.
Ruan Qilin believes that its foolish and hateful for them to be quarantined or go out without permission due to infection or suspected infection, but they may not be well cared for, they may not understand the situation of isolation and treatment, or they may have personal needs. For ordinary people, the fist of punishment should be raised high, but it should be dropped gently.
He reminded that more knowledge of epidemic prevention should be disseminated, including the introduction of disaster films of infectious diseases, so as to enlighten the people.