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Original title: State of law | A case in Shijiazhuang left the village without authorization before being diagnosed, how should it be held responsible?
Image source: Visual ChinaReporter | Takaka
Edit | Zhai ruimin
On January 12, 2021, the Hebei Provincial Health Commission reported the latest data on the epidemic, indicating that as of 12 p.m. on January 11, there were 40 recently confirmed local cases and 26 new asymptomatic infections in the province of Hebei. It should be noted that a 25-year-old man from Xiaoguozhuang Village, Gaocheng District, Shijiazhuang City, who had just been diagnosed, left the village without authorization after the village was closed.
The movement trail of the new patient showed that the man left the village without authorization on the night of January 6; entered the Dongxu Fresh and Dried Fruit Wholesale Department near Xinle City Finance Bureau on the morning of January 7. He called the police and sent a car to escort him home from Gaocheng district; did not go home from January 8 to 9; the nucleic acid test was positive on January 10 and he was transferred in a 120 negative pressure ambulance to the Hebei Chest Hospital the same day; A confirmed case was diagnosed on January 11.
Jiemian News noted that this is not the first incident in which villagers go out in private in Gaocheng district. The Shijiazhuang Municipal Commission for Inspection and Disciplinary Supervision issued the “Notice on Accountability for Epidemic Prevention and Control in Gaocheng District” on January 6, revealing that on January 3, a villager who had an out-of-control positive nucleic acid test occurred in Liujiazuo village, adjacent to Xiaoguozhuang village.
According to official notifications, on January 2, the first confirmed case of the Shijiazhuang outbreak occurred in Xiaoguozhuang Village, and then it was closed for management; On January 5, Xiaoguozhuang Village adjusted to a high-risk area and became the only country at that time. High risk areas of the epidemic; On January 6, the Gaocheng District, where Xiaoguozhuang Village is located, adjusted to high-risk areas.
After the new corona pneumonia outbreak in Wuhan in February 2020, many cases in China have been exposed to people with a history of contact in the epidemic area who deliberately hide their travels, contact history, and enter public places. . The epidemic has been repeated this winter and similar situations have reappeared.
What kind of legal responsibility should be assumed for such private tour behavior? Prior to this, on January 6, the Jinzhou branch of the Dalian Public Security Bureau distributed a police report stating that three cases of violations of home isolation regulations during the epidemic were investigated and dealt with locally. In all three cases, residents who drove a motor vehicle in a closed area under the control of the epidemic, left the factory where they worked and lived without authorization, and walked along the edge of the road near the community without authorization were all sanctioned. with administrative detention.
Zuo Jingdong, a lawyer for the Chongqing Kunyuan Hengtai law firm, told Jiemian News that such violations of the epidemic prevention and control policy may even violate criminal law if the epidemic spreads, and the parties may bear the corresponding criminal responsibilities. .
Zuo Jingdong introduced that the “Two Seniors and Two Ministries” issued the “Opinions on the Punishment of Illegal Crimes Obstructing the Prevention and Control of the New Coronavirus Pneumonia Epidemic” (“Opinions”) on February 6, 2020 , stipulating that the intentional spread of new types The coronavirus infected with the pathogen of pneumonia and has one of the following circumstances that endangers public safety will be convicted and punished with the crime of endangering public safety in a dangerous way: confirmed patients with pneumonia caused by the new type of coronavirus infection, carriers of pathogens, refusal to quarantine treatment or quarantine without authorization. Break the isolation treatment and enter public places or public transportation; patients suspected of pneumonia due to novel coronavirus infection refuse to be isolated for treatment or escape isolation treatment before the isolation period expires, and enter public places or public transport, causing the spread of the new coronavirus coronavirus.
Articles 114 and 115 of the Criminal Law define the crime of endangering public safety by dangerous means, and the penalty is for acts that endanger public safety and that are equivalent to the dangers of arson, explosion, water breakage and fall of dangerous substances. According to regulations, those who have not caused serious consequences will be sentenced to three to ten years in prison; if they cause serious injury or death or cause great loss to public and private property, they will be sentenced to more than ten years in prison, life imprisonment or even death.
In February 2020, the Yuhua Branch of the Changsha Public Security Bureau issued a notification that a confirmed case of new coronary pneumonia had been submitted to the local area for investigation on suspicion of negligence and dangerous methods to endanger the public security. The case had moved from Changsha to Huanggang City, Hubei Province, to visit relatives on January 19, 2020, and returned to Changsha on January 23. After that, he had been in close contact with other people many times. He was diagnosed as a new case of coronary pneumonia on February 7 and caused another 7 people were infected and diagnosed, and many people were closed for observation.
However, according to Zuo Jingdong’s analysis, the flow of the case revealed that the aforementioned man left the village without authorization on the night of January 6. At this time, the local area has clear policy requirements for epidemic prevention and control, and residents must comply with these regulations. “There is no clear information that the man had been infected with the virus before leaving the village. The circulation showed that he was diagnosed after returning from abroad, so his behavior is more in line with the elements of the crime of obstructing prevention and control of infectious diseases, “said Zuo Jingdong.
The crime of obstruction of the prevention and control of infectious diseases, which appears in article 330 of the Criminal Law, refers to acts that violate the provisions of the Law of Prevention and Control of Infectious Diseases and cause the spread of infectious diseases class A or have serious risks of spread. Chen Siyu, a lawyer for the Beijing Yingke Law Firm, once explained that, according to the announcement No. 1 of the National Health Commission, 2020, although the new coronary pneumonia is a Class B infectious disease, the crime of obstructing the The prevention and control of infectious diseases can be applied to the prevention and control measures of Class A infectious diseases.
Jiemian News reviewed the website of China Judgment Documents and found that there have been many cases of violation of the epidemic prevention and control policy and convictions of obstructing the prevention and control of infectious diseases. On January 21 and 22, 2020, a couple in Lujiang County, Anhui Province, returned home from Hankou in Wuhan City to Hefei South High-Speed Train Station on a train. On January 24, when he went to the Lujiang County People’s Hospital for treatment, he deliberately concealed his travel history in Wuhan, causing him and his relatives not to be isolated and treated in time, prompting medical staff from the hospital and dozens of village residents will be isolated. The Hefei Intermediate People’s Court convicted both of them for obstructing the prevention and control of infectious diseases and sentenced them to six months in prison.
Guo Moupeng, a labor dispatcher from a certain unit in Zhengzhou, concealed his departure history and had more than 40 people quarantined for observation. In April 2020, the Erqi District People’s Court, Zhengzhou City, sentenced him to one year and six months in prison for the crime of obstructing the prevention and control of infectious diseases.
According to the “Opinions” of the “Two Maximum and Two Ministries”, the refusal to implement the prevention and control measures proposed by the health and epidemic prevention agency in accordance with the Infectious Diseases Prevention and Control Law, causing the spread of of the new coronavirus or there is a serious risk of transmission, in accordance with the provisions of article 330 of the Criminal Law, Convicted and punished for the crime of obstruction of the prevention and control of infectious diseases. The standard of sentencing for the offense of obstruction of the prevention and control of infectious diseases is: if you cause the spread of a Category A infectious disease or have a serious risk of spread, you will be sentenced to fixed confinement of not more than three years or criminal prison; If the consequences are particularly serious, he will be sentenced to a term of imprisonment of no less than three years but no more than seven years.
