Crime of obstructing frontier health and quarantine

category:Global
 Crime of obstructing frontier health and quarantine


The two leaders said novel coronavirus pneumonia epidemic is spreading abroad. It is a real danger to turn the port into the territory by the way of irrigation. It is an important task to severely punish all kinds of illegal and criminal acts which are harmful to the frontier health and quarantine. The peoples court and the peoples procuratorate should firmly establish the concept of national security, punish the crime of hindering the frontier health and quarantine in accordance with the law, effectively guarantee the life safety and physical health of the people, and resolutely maintain public health security and social stability and order. Specifically, the following points should be paid attention to when applying the crime of impairing frontier health and quarantine:

1. The subject of the crime includes natural person and unit. Everyone is equal before the law. No matter Chinese citizen, foreign citizen or stateless person, as long as the criminal act of hindering frontier health and quarantine is carried out in the process of entering and leaving Chinas border, Chinas laws, uniform judicial standards and criminal responsibility shall be applied. The opinions of the five departments make it clear that those who are infected with quarantinable infectious diseases and those who are suspected of being infected with infectious diseases refuse to implement health and quarantine measures or health treatment measures, conceal the epidemic situation or falsify the circumstances, which are acts of impairing frontier health and quarantine. The person infected with a quarantinable infectious disease or a specific subject other than the epidemic suspect may also carry out the act of impairing the frontier health and quarantine, for example, if a person infected with a quarantinable infectious disease or a suspect infected with a quarantinable infectious disease is found on the exit and entry means of transportation, the person in charge of the means of transportation refuses to accept the health and quarantine or the sanitation treatment. If the above-mentioned acts of impairing frontier health and quarantine cause the spread of quarantinable infectious diseases or are seriously dangerous to spread, they shall constitute the crime of impairing frontier health and quarantine.

2. The crime of impeding the prevention and control of infectious diseases is different from the crime of impeding frontier health and quarantine. First, the crime of impeding the prevention and control of infectious diseases stipulated in article 330 of the criminal law is aimed at the act of refusing to implement the prevention and control measures proposed by the health and epidemic prevention agencies according to the law on prevention and control of infectious diseases in violation of the law on prevention and control of infectious diseases, the act is applicable to the environment for prevention and control of health in China. The crime of impairing frontier health and quarantine stipulated in article 332 of the criminal law is aimed at the act of refusing to implement the quarantine measures proposed by the frontier health and quarantine organ in accordance with the frontier health and Quarantine Law in violation of the frontier health and Quarantine Law and its implementation rules, which is applicable to the health prevention and control and epidemic prevention links when entering and leaving China. Second, Class A infectious disease in the crime of obstructing the prevention and control of infectious diseases is class A infectious disease or an infectious disease managed according to class A infectious disease, and quarantine infectious disease in the crime of obstructing frontier health and quarantine is plague, cholera, yellow fever and other infectious diseases determined and announced by the State Council.

3. novel coronavirus pneumonia was issued by novel coronavirus pneumonia, which was released by the state health and Health Committee in 2020, and was included in the infectious diseases classified as infectious diseases according to the law on prevention and control of infectious diseases. The prevention and control measures of class A infectious diseases were adopted and the new crown pneumonia was included in the management of quarantinable infectious diseases stipulated in the frontier health and quarantine law. The following is the first announcement. Therefore, immigration officers novel coronavirus pneumonia may be involved in crimes involving the prevention and control of infectious diseases and the crime of obstructing the frontier health and quarantine at different time periods. Novel coronavirus pneumonia is a crime that is harmful to the health and Quarantine of the frontier. A novel coronavirus is transmitted by a perpetrator after the entry of a country to refuse to implement the control measures of a health and epidemic prevention agency. If the perpetrator not only refuses to implement the quarantine measures of the frontier health and quarantine organ, but also refuses to implement the prevention and control measures of the health and epidemic prevention organ after entering the country, which constitutes the crime of impeding the prevention and control of infectious diseases and the crime of impeding the frontier health and quarantine, the perpetrator shall generally be convicted and punished in accordance with the provisions of heavier punishment.

(function() {(window. Slotbydup = window. Slotbydup| []). Push ({ID: u5811557, container: ssp_, async: true});}) ()); source: CCTV news responsibility editor: Li Xi