Behind the Ms. Huang incident: a criminal is sent to Wuhan by a police car with a pass

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 Behind the Ms. Huang incident: a criminal is sent to Wuhan by a police car with a pass


It is worth noting that although the way Ms. Huang left Wuhan is not clear for the time being, recently these released prisoners left Wuhan. Some courts applied to the epidemic prevention and control headquarters of the district for a pass to enter and leave Wuhan, escorted by police cars.

u25cf investigation: Ms. Huang is not the only one who has recently left Wuhan and released after serving a sentence

Dahe Daily, Dahe client reporter search found that the focus of Ms. Huang is not the only person who left Wuhan after the closure of Wuhan.

Three people left Wuhan, according to a report published on China youth.com on February 26, which noted the source as guangming.com, that in the outbreak of the interdiction war, the judicial responsibility of Wuhan court was fully demonstrated to ensure the safe home of those released after serving their sentences in other places.

Screenshot of China Youth Network

According to the report, on February 13, the first criminal division of Wuhan intermediate peoples Court concluded a case of second instance in which five defendants had expired. The case was pronounced on the same day and the defendant was released on the same day. In the early morning of February 14, the court of first instance, the peoples Court of Hongshan District, Wuhan City, safely escorted three persons released after serving their sentences in other places to the community where they registered, and handled the handover procedures with the community staff, prompting the community to strengthen the isolation management of the above-mentioned persons.

According to the data, China Youth Network is the central key news website hosted by the Central Committee of the Communist Youth League.

In addition, the Yangtze River daily, Hubei Qichun County Public Security Bureau official wechat AIDU police and other media published reports of Wuhan court helping released prisoners leave Wuhan to go home. However, the original articles of these reports cannot be found at present.

Video screenshot of Dahe Daily u00b7 Dahe client reporter interviewing at the gate of Wuhan womens prison

u25cf disclosure: the released person was escorted home by the police car of the court and held a pass to and from Wuhan

According to the report, none of the three released prisoners has a residence in Wuhan, including one in Hanchuan, more than 80 kilometers away, and two in Daye, more than 100 kilometers away. Due to the traffic control of epidemic prevention and control, they can neither return home by themselves, nor can their families come to meet them. Meanwhile, all the major hotels in the area are expropriated or closed down, so they cannot be resettled in the area. During the special period of war epidemic, in order to avoid possible health risks, the Hongshan District Court decided to arrange police cars to escort three released prisoners home overnight.

It is worth mentioning that in addition to arranging police cars to escort home overnight, the report also mentioned the details of an incident that should be noted - after the peoples Court of Hongshan District reported to the epidemic prevention and control headquarters of the District, it coordinated the implementation of the pass in and out of Wuhan.

According to the above report, when dealing with this matter, the Hongshan District Court urgently reported to the epidemic prevention and control headquarters under its jurisdiction, coordinated the implementation of the access certificate for entering and leaving Wuhan, contacted the community where the household registration of the released prisoners was located, and made coordination and communication in advance.

At about 9:00 p.m. on February 13, Hongshan District Court immediately arranged two police cars to escort three people home in two ways after receiving the pass certificate from the epidemic prevention and control headquarters. After about three hours drive, at about 0:00 on February 14, the police of the court sent three people to the community where the household registration was located and handed over. The three people were extremely grateful, saying that they must change their ways and become new people in the future, never do anything illegal or criminal again, and actively expressed that they should participate in the prevention and control of community epidemic, and live up to the peoples courts concern for them.

The alley in front of the prison administration of Hubei Province is full of vehicles. Dahe Daily, Dahe client, Feb. 28.

u25cf Ms. Huang incident exposed loopholes out of the city, and relevant control measures were taken

With regard to the question of how Ms. Huang left Wuhan, Dahe Daily u00b7 Dahe client reporter contacted Hubei Provincial Department of justice, Hubei Provincial Prison Administration Bureau, Wuhan intermediate peoples court and other relevant departments on February 27 and 28 respectively, but the other partys relevant personnel did not respond positively, only indicating that the central government, Hubei Province and Beijing city will have the investigation conclusion.

The novel coronavirus pneumonia prevention and control headquarters issued the 19 Circular on the second day of the incident, namely, February 27th, and adopted pertinent control measures in Wuhan.

The circular clearly requires that the local government and relevant parties provide rescue services for the non local people stranded in Wuhan and living in difficulties due to the management and control of the exit from Han. In case of any difficulty in accommodation, the local government shall make proper arrangements and provide basic living support such as accommodation.

Meanwhile, on novel coronavirus pneumonia in Beijing on 27 PM, the Deputy Secretary General of the Beijing municipal government Chen Bei stressed that the staff who are currently on business in Hubei and visiting relatives will not return to Beijing. Now they do not return to Beijing without returning to Beijing.

u25cf lawyers statement: the parties can be prosecuted for criminal responsibility at most, and there are loopholes in the system design that need to be improved

According to a report from Beijing, Ms. Huang started intermittent fever for 5 days on February 18, accompanied by pharyngeal discomfort. At that time, she lived in Wuhan. At 2:00 a.m. on February 22, Ms. Huang drove to Beijing from her family members in Beijing and checked into building 7, xinyijiayuan community, Dongcheng District, where her family members live after a temperature screening. The family members reported the situation to the community and obeyed the unified arrangement. Ms. Huang was sent to the centralized isolation point as a Wuhan resident at 20:10 on February 22 for isolation observation. Novel coronavirus pneumonia was diagnosed in February 24th as a fever case in February 23rd at 19:00, and was transferred to the Dongcheng District fever hospital of Pu Ren Hospital.

On February 28, Fu Jian, a famous criminal defense lawyer and lawyer of Henan Yulong law firm, accepted an exclusive interview with Dahe Daily u00b7 Dahe client reporter on the legal issues related to Ms. Huangs departure from Wuhan and explained them.

u25cf question 1:

According to Beijing, Ms. Huang started intermittent fever for 5 days on February 18 when she was in Wuhan, arrived in Beijing at 2 a.m. on February 22, and was diagnosed on February 24. So she was still in Wuhan after she was released from prison on February 18, but she was already feverish. In this case, is Ms. Huang illegal to leave the Han nationality? If so, will it constitute criminal responsibility?

Fu Jian:

Febrile personnel are forbidden to leave Wuhan. Ms. Huangs departure from Wuhan in case of fever is an act of refusing to implement epidemic prevention and control measures. The novel coronavirus is a crime that is harmful to infectious diseases. If we refuse to implement epidemic prevention and control measures and cause new cov infection or serious risk, we shall apply the crime of preventing and controlling infectious diseases according to the 330th provision of the criminal law.

Question 2

Is it a criminal offence to allow fever patients to leave Wuhan and be responsible for the management and control of Wuhan City closure?

Fu Jian:

Novel coronavirus will be suspected of committing a criminal offence. It should be released if the person who knows to leave is a febrile patient, subjectively intentionally, holding the mind of the serious consequences that may be caused, and causing the spread of the new coronavirus, and is suspected of being the crime of impairing the prevention and treatment of infectious diseases.

u25cf question 3:

According to the existing policy, under the control of the city closure, how should the released persons who serve different places of imprisonment and residence get out of prison after the expiration of their term of imprisonment? Is there any legal support? If there is no clear provision, is there any loophole in the system design?

Fu Jian:

In the current situation of severe epidemic prevention and control, there is no clear legal support for the resettlement of the released prisoners outside Wuhan, and there are some loopholes that need to be improved. However, in practice, in general, some practices in Wuhan are that the court of law coordinates with the community or police station where the released prisoners are registered, and the two sides relay and issue a contract After customs clearance, the prisoners in Wuhan will be taken back for 14 days of medical isolation observation.

u25cf question 4:

Many netizens chase Ms. Huangs personal identity, itinerary and other situations, and constantly report information. Will such disclosure constitute an infringement of the privacy rights of the parties? In this case, what information belongs to her privacy and what does not belong to her privacy?

Fu Jian:

The disclosure of Ms. Huangs personal information and the reasons for serving her sentence has not yet constituted an infringement of her right to privacy. Because the information about Ms. Huang can be found on the open website of judgment documents, but the disclosure of personal information such as Ms. Huangs home address may infringe the privacy rights of the parties concerned.

Question 5

In the case of intermittent fever, if Ms. Huang is escorted away from Han by judicial personnel, does she not have to bear legal responsibility?

Fu Jian:

If it is a kind of mandatory judicial escort, she has no choice, and I do not have to bear legal responsibility. If she has the freedom of activity, she can choose whether to escort or not. Even if she is escorted by a judicial officer, she should bear legal responsibility.