These seven types of medical related crimes will be severely punished, including spitting on medical staff

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 These seven types of medical related crimes will be severely punished, including spitting on medical staff


Notice on ensuring the safety of medical staff and maintaining good medical order during the prevention and control of new coronavirus pneumonia

1u3001 Fully understand the importance of ensuring the safety of medical staff and maintaining good medical order during epidemic prevention and control

For a long time, the majority of medical personnel in China have worked hard and selflessly on the medical front, making great contributions to the protection of peoples life and health and the promotion of the development of medical and health undertakings in China. In particular, since the outbreak of the new coronavirus pneumonia, the national health care system has conscientiously implemented the spirit of the important instructions of general secretary Xi Jinping on the prevention and control of epidemic diseases and put the epidemic prevention and control into full swing in accordance with the requirements of the Central Committees unified deployment. The majority of medical staff, who live in small homes and care for everyone, spare no effort to treat patients, prevent and control the epidemic, and always put peoples life safety and health first. In recent years, some medical and health institutions have suffered from beating, abusing medical staff, deliberately disturbing medical order and other acts by patients and their families, which seriously infringe on the legitimate rights and interests of medical staff and cause adverse social impact. At present, epidemic prevention and control is in a critical period. To ensure the safety of medical personnel and maintain normal medical order is an important guarantee to win the battle of epidemic prevention and control. All regions and relevant departments should further enhance their political standing, enhance their Four Consciousnesses, strengthen their four self-confidence and achieve two maintenances, effectively integrate their thoughts and actions into the important directive spirit of general secretary Xi Jinping and the decision making and deployment of the Party Central Committee, and take the epidemic prevention and control as the most important work at present, firmly establish the bottom line thinking and risk prevention consciousness. We should pay close attention to and strictly prevent all kinds of medical related illegal and criminal acts during the period of epidemic prevention and control, especially seriously investigate and severely crack down on the acts that infringe upon the personal safety of medical personnel and disrupt the normal medical order in accordance with the law, so as to create a good diagnosis and treatment environment for medical personnel and patients, and fully guarantee the smooth development of epidemic prevention and control.

2u3001 Crack down on the illegal and criminal behaviors involving medicine during the period of epidemic prevention and control according to law

If any of the following acts of infringing upon the safety of medical personnel or disturbing the medical order constitute a crime, criminal responsibility shall be investigated according to law; if such acts constitute a violation of public security management, public security management punishment shall be imposed according to law: (1) beating, intentionally injuring or killing medical personnel; (2) illegally restricting the personal freedom of medical personnel by means of violence or threat, or publicly insulting, intimidating or slandering medical personnel (3) tearing up protective equipment or spitting on medical personnel, which may cause medical personnel to be infected with the new coronavirus; (4) refusing to accept the quarantine, isolation or treatment measures of medical and health institutions by violence or threat, or hindering medical and health institutions from disposing the bodies of patients with infectious diseases according to law; (5) forcing or deliberately damaging or occupying medical treatment Property of a health institution, or making trouble in a medical and health institution, illegally parking corpses or setting up a private spiritual hall, causing disorder and affecting the normal progress of epidemic prevention and control work; (6) illegally carrying guns, ammunition, control equipment or explosive, radioactive, toxic and corrosive articles into a medical and health institution; (7) other violations of the safety of medical personnel and disturbing the medical rank Order.

In case of the above situations during the period of prevention and control of new coronavirus pneumonia, the health administration department shall timely guide the medical and health institutions to deal with emergencies, take decisive measures to ensure the safety of medical personnel and other patients to the greatest extent, maintain the medical order and timely alarm, and assist in safety protection. After receiving the alarm, the public security organ shall send out the police in time and deal with it quickly; for those who should be investigated for criminal responsibility, they shall file a case for investigation in time according to law and collect and fix evidence comprehensively and normatively.

If a crime is constituted in the above circumstances, the peoples Procuratorate shall examine and approve the arrest and initiate public prosecution as soon as possible. The peoples court shall speed up the trial process, correctly apply the law, accurately convict and mete out punishment on the basis of finding out the facts of the case in an all-round way. Those defendants who have bad motive, bad circumstances, cruel means, deep subjective maliciousness and great personal danger, or whose crimes seriously endanger public security and have bad social impact shall be severely punished. Those who meet the conditions of severe punishment to death penalty shall be firmly punished according to law.

3u3001 Strengthen the safety precautions of medical and health institutions

The administrative departments of health and health at all levels shall, in combination with the needs of epidemic prevention and control, further implement the requirements of the guidance on strengthening the construction of hospital safety and prevention system (Guo Wei ban Yi Fa [2013] No. 28) and the notice on printing and distributing opinions on strict prevention and control of medical crimes and maintaining normal medical order (Guo Wei ban Yi Fa [2017] No. 27) and other documents, and urge and guide the medical and health machine We will improve the security system. We will focus on supervising and guiding medical and health institutions that undertake epidemic prevention and control work to strengthen security work, establish emergency security teams as needed, and focus on strengthening security work in community health service institutions, hospital fever clinics, isolation wards and other densely populated key diagnosis and treatment areas. Take the initiative to investigate, mediate and resolve all kinds of doctor-patient conflicts and disputes, eliminate all kinds of potential safety hazards in a timely manner, and strictly prevent little things drag big, big things drag.. We should strengthen the safety training and education of medical personnel, enhance the awareness of safety precautions, strengthen the tracking of security personnel, and promptly report to the police in case of any hidden danger threatening the personal safety of medical personnel. Local public security organs should comprehensively improve the service level of designated medical and health institutions, strengthen explicit use of police, strengthen patrol prevention and control, and guide medical and health institutions to implement various safety precautions in accordance with the requirements of one hospital, one special class, so as to ensure the safety of medical personnel and medical and health institutions.

Four, improve the coordination and cooperation mechanism

During the epidemic prevention and control period, all relevant departments should further strengthen the overall situation awareness and responsibility awareness, rely on the establishment of safe hospital activity working group, and consolidate the division and cooperation mechanism of multi department linkage. Health administrative departments and medical and health institutions at all levels shall take the initiative to strengthen communication with public security organs, formulate and improve emergency response plans during epidemic prevention and control, establish and improve information notification, sharing, disposal and feedback mechanisms, and immediately notify and take preventive measures for potential risks in epidemic prevention and control. The public security organ shall further strengthen the communication and coordination with the peoples Procuratorate and the peoples court, and actively cooperate with the peoples Procuratorate and the peoples court in their opinions and suggestions on the supplement and verification of evidence in the process of handling a case. If the peoples court finds that the medical and health institutions have problems such as imperfect security mechanism during the trial process, it shall timely put forward judicial suggestions. In the process of handling the case, all relevant departments shall take the initiative to strengthen communication with the publicity department, release information in a timely manner according to law, and respond to social concerns.

After the issuance of this circular, all localities shall promptly report to the national health and Health Commission and the Ministry of public security the cases of infringing upon the safety of medical personnel and disturbing the medical order during the period of epidemic prevention and control; in case of problems in the application of laws in handling related criminal cases, they shall respectively timely report to the Supreme Peoples Procuratorate and the Supreme Peoples court.

The Supreme Peoples court

Supreme Peoples Procuratorate, Ministry of public security

February 7, 2020