[ad_1]
Friday, December 4, 2020 00:30 AM (GMT + 7)
Attorney Dang Xuan Cuong explains the prosecution of the case of a Vietnam Airlines flight attendant violating quarantine regulations.
Regarding legal issues in two cases of the male flight attendant of Vietnam Airlines: “Patient 1342” who violates isolation and spreads Covid-19 was prosecuted, while patient number 17, stated Nguyen Hong N Not to be prosecuted not it is dishonest, to receive public attention.
Attorney Dang Xuan Cuong explained that the prosecution of the case of the male flight attendant violated the Covid-19 epidemic prevention regulations.
On the afternoon of December 3, speaking with the Hanoi Youth newspaper reporter, lawyer Dang Xuan Cuong, head of the criminal law department of the TAT law firm, pointed out the biggest difference in these two cases. It was at the time of the birth of document No. 45 of the Council of Judges of the Supreme Court of Judges that guides the adjudication of crimes related to the prevention of the Covid-19 epidemic.
Specifically, on March 30, 2020 (after the registration time of patient number 17), the Council of the Judiciary of the Supreme People’s Court issued Document No. 45.
In which specific guidance documents identify the crime in accordance with the provisions of the Penal Code; The act of causing the transmission of the Covid-19 epidemic to another person will be considered as the case of carrying out “other acts of spreading dangerous epidemic diseases to humans” specified in Point c, Clause 1, Article 240 and handled. on the crime of “Spread of infectious diseases to humans”.
Thus, in terms of time, this document was born after the discovery of the case of patient number 17. That is the analytical reason why the case of the male flight attendant Vietnam Airlines – “Patient 1342” was processed an isolation violation that propagated Covid-19, while patient No. 17, Nguyen Hong N, did not give false testimony.
“Article 240 of the Penal Code provides for the crime of” Transmission “where the subjects here are mainly animals and plants, so before the official dispatch No. 45, there is no basis for criminal handling. Meanwhile, Patient No. 17, although identified as violation, is the violation in February 2020, until March 2020, the Supreme Court will issue a guidance document.
Once the document was born, the Investigative Police, the People’s Prosecutor’s Office and the People’s Court had a theoretical basis and a professional directive basis to initiate the investigation and prosecution. and judge this violation.
For the offending flight attendant at this time, that is after the office is born and thus there is a basis for the investigation agency to prosecute ”, analyzed the lawyer Cuong.
Colonel Nguyen Sy Quang, Deputy Director of Ho Chi Minh City Police, briefed on the prosecution at the press conference
Regarding the above incident, at noon on the same day, the Ho Chi Minh City Police coordinated with the city’s Information and Communications Department to hold a press conference to inform the prosecution of a criminal case “Propagation of infectious diseases dangerous to people ”occurred in Ho Chi Minh City.
At the press conference, Colonel Nguyen Sy Quang, Ho Chi Minh City’s deputy director of public security, said that there would be a subjective lack of awareness about the law and regulations on isolation and prevention of Covid epidemics. 19. Serious consequences, unfortunate.
So far, through research serious consequences have been determined because this patient has spread the disease to others. Therefore, it is necessary to strictly address criminal penalties. Therefore, the Ho Chi Minh City Police and the Ho Chi Minh City Investigation Department carry out criminal procedures to investigate and strictly handle violations in accordance with the law.
Speaking about the responsibilities of the organizations and individuals involved, Colonel Nguyen Sy Quang said: After processing the criminal case, the investigating agency will have a comprehensive and objective investigation plan to determine clearly. responsibilities of the people and organizations involved. Thus, sufficient grounds will personalize criminal matters in accordance with the regulations.
“When prosecuting the defendant, who is the defendant in this case, the investigative security agency has to take many steps. This case is very specific, in which some people with related problems are currently being treated and quarantined, ”Mr. Quang reported.
The deputy director of the Ho Chi Minh City Police also said that the investigative agency also had to comply with criminal investigation and comply with regulations on disease prevention and control.
Previously, on November 30 in Ho Chi Minh City, new cases of Covid-19 appeared, in which the Vietnam Airlines flight attendant (BN1342) was identified as the source of transmission of BN1347, BN1348 and BN1349.
Consequently, during isolation in the quarantine area administered by Vietnam Airlines (No. 115 Hong Ha, District 2, Tan Binh District, Ho Chi Minh City) from November 14 to 18, BN1342 had contact with colleagues. on another flight (BN1325).
After 2 tests were negative, BN1342 was returned to isolation at the inn (50 Bach Dang, Ward 2, Tan Binh District). During isolation, this patient had direct contact with 3 people, including: Mother and two friends (a man and a woman). In which the friend (SN 1988, resident in Pavilion 3, District 6) came to live.
On November 28, samples were taken from the patient 3 times, giving a positive result. Immediately after that, the previous 3 direct contact cases were isolated and samples were taken for analysis. Among them, the male friend tested positive (BN1347). On the afternoon of December 1, there were 2 additional Covid-19 infections from BN1347, a 1-year-old pediatric patient in District 6, Ho Chi Minh City (BN 1348) and a student born in 1992 (BN1349).
|
At the permanent meeting of the Government that listens to the National Steering Committee for the prevention of the Covid-19 epidemic that took place on the afternoon of December 1, the Minister of Health, Nguyen Thanh Long, emphasized that BN1347 and BN1342 did not comply with quarantine measures. at home. In particular, BN1342 has committed very serious violations of epidemic control in the isolated area and must be managed strictly in accordance with regulations. |
Source: https: //tuoitrethudo.com.vn/ly-giai-khac-biet-trong-vu-nam-tiep-vien-hang-khong-bi-khoi-to-trong …
3/4 of the recently registered Covid-19 patients in Ho Chi Minh City have no symptoms, indicating the risk of silent transmission of this disease …
