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The defendant Duong Tan Hau at the investigative agency – Photo: AX
Whereby, On November 14, 2020, Patient 1342 was traveling on a flight from Japan to Vietnam and was quarantined in accordance with regulations. However, patient 1342 did not strictly quarantine and contracted an infection from another patient at the Vietnam Airlines quarantine facility.
Thereafter, Patient 1342 continued without practicing strict home isolation that would transmit the disease to others.
Ho Chi Minh City police identified signs of violation of the law on the transmission of infectious diseases to humans. Therefore, on December 3, 2020, the Ho Chi Minh City Police and the Investigative Security Agency decided to prosecute the case of “spread of dangerous infectious diseases to people” under Article 240 of the Penal Code.
After the treatment period, patient 1342 and 3 cases F1, F2 of the male flight attendant are patient 1347 (28 years old, male English teacher), patient 1348 (14 months) and patient 1349 (28 years old, intern 1347) all tested negative for COVID-19.
On January 11, 2021, the Ho Chi Minh City Police and the Investigative Security Agency prosecuted the accused, applying a measure to prohibit this flight attendant from leaving the residence.
Article 240 of the Penal Code of 2015 on “the crime of spreading dangerous infectious diseases to people” stipulates:
1. Whoever commits one of the following acts, which causes the spread of dangerous infectious diseases to humans, will be punished with a fine of between 50 and 200 million dong, or a prison term of 1 to 5 years:
a) Removing or allowing the extraction of animals, plants, animal or plant products or other items capable of transmitting dangerous epidemics to human beings, unless otherwise required by law.
b) Introduce or allow the entry into Vietnamese territory of animals, plants or animal or plant products that are infected or carry dangerous pathogens capable of being transmitted to humans.
c) Other acts of propagation of dangerous epidemics to human beings.
2. By committing the crime in one of the following circumstances, the offenders will be sentenced to between 5 and 10 years in prison:
a) This leads to an epidemic declaration under the authority of the president of the provincial People’s Committee or the Minister of Health.
b) Cause death.
3. By committing the crime in one of the following circumstances, the offenders will be sentenced to 10-12 years in prison:
a) The outcome must be declared epidemic within the prime minister’s competence
b) Causing the death of two or more people.
4. Violators can also be fined 20-100 million VND, prohibited from holding certain positions, prohibited from exercising or doing certain jobs for 1-5 years.
