Xiaoming cut melon | What laws may be suspected of violating the relevant units or individuals of the banks of some villages and towns in Henan?

Chuanguan News reporter Zhang Tingming

On June 13, some netizens reported that many reserved scholars who went to Zhengzhou to communicate villages and towns were forcibly gave red code. It is understood that some villages and town banks who have been red code have become inexplicably red after the health code from low -risk areas to Zhengzhou; some have become red before they have been scanned after scanning Zhengzhou scene code.

On the evening of June 17, the Henan Provincial Epidemic Prevention and Control Command stated that cities and counties should strengthen the management of health code and cause serious consequences to use improper use of health code management. On the same day, the website of the Central Commission for Discipline Inspection announced that in response to the recent issue of the health code of some villages and town banks, the Zhengzhou Discipline Inspection Commission has launched the investigation accountability procedure to discover the violation of the "Henan Province's new crown pneumonia's epidemic prevention and control situation to prevent and control and control the prevention and control of Henan Province. The chaos of the Health Code Management Measures will be dealt with seriously in accordance with regulations, discipline, law.

Photo source: website of the Central Commission for Discipline Inspection

Some villages and town banks in Zhengzhou City, Henan Province have been forcibly given red code. What laws may be suspected of violating the relevant code unit or staff? What are the consequences? To this end, on June 19, Sichuan Guan reporter Xiaoming invited Chen Xiaobiao, associate professor of the School of Law School of Southwest University of Political Science and Law, and Zeng Wenzhong, director of the Management Committee of Sichuan Lagi Law Firm, to tell you the legal knowledge behind this hot event.

What laws may be suspected of violating?

If there are relevant illegal circumstances, it may be suspected of violating multiple laws

Zeng Wenzhong told reporters that the health code is essentially the result of everyone's travel information for themselves and the public health. Everyone's itinerary belongs to personal information. According to my country's law, the rights of personal information and personal freedom of citizens are protected by law. According to relevant regulations, the scope of the use of health code is limited to directly related to the prevention and control of the epidemic, and shall not be used for other purposes. "If there are units and people who use the health code for other places or other purposes to constitute illegal laws, they may be suspected of violating multiple laws such as personal information protection law and infectious disease prevention and control law. ","

The reporter consulted the Personal Information Protection Law and found that Article 30 of the Law clearly stipulates that in order to perform legal responsibilities to handle personal information, the state organs shall be carried out in accordance with the permissions and procedures stipulated in laws and administrative regulations. limit.

In addition, Article 66 of the Infectious Disease Prevention and Control Law also stipulates that the health administrative department of the people's government at or above the county level violates the provisions of the Law and violates other negligence and malfeasance of the law. If the administrative department ordered correction and informs criticism; if it causes infectious diseases, popularity, or other serious consequences, the responsible person in charge and other direct responsible persons shall be given administrative sanctions in accordance with the law; if a crime is constituted, criminal responsibility shall be investigated in accordance with the law.

"If there are units or individuals who use the health code for the direct related occasions of the disease prevention and control, it exceeds the scope and limit that must be performed in the statutory responsibility and has malfeasance, which constitutes illegal, and may be suspected of violating the aforementioned two laws. If the unit or individual constitutes a crime, it may also violate the criminal law. "Zeng Wenzhong introduced.

In accordance with the crimes of abuse of authority in Article 397 of my country's Criminal Law, the abuse of power is the abuse of power or neglecting the duties of the staff of the state organs, causing major losses for public property, state, and people's interests. Article 253 Article 253 of the Criminal Law stipulates that the personal information of citizens violates the personal information of citizens is violating the relevant national regulations and sold it to others or provides personal information of citizens.

"That is to say, in the subsequent investigation, if there is evidence to prove that in the incident, the staff of the relevant state organs in the incident have the act of forcing red code for others to constitute a crime. Crime or violation of citizens' personal information. If the public officials are found to be forcibly given the red code, there is still a bribe if they are sought for relevant interests to seek uniform interests and constitute a crime. Sin and punishment. "Chen Xiaobiao introduced.

What are the consequences?

Administrative penalty and imprisonment

The above two legal persons told reporters that if there is evidence that the relevant departments or individuals who compulsory the red code to others to give red code constitute illegal and criminal, the individual and the person in charge of the unit will bear civil liability. Administrative responsibility and criminal responsibility may face claims, administrative penalties and imprisonment.

In accordance with Article 66 of the aforementioned infectious disease prevention and control law, if there is other serious consequences of infectious disease dissemination, popularity, or other serious consequences, the responsible persons and other direct responsible persons shall be given administrative sanctions; Criminal responsibility in accordance with the law.

Article 397 of the Criminal Law stipulates that the crime of abuse of power causes major losses to public property, state, and people's interests shall be sentenced to imprisonment or detention of less than three years; if the circumstances are particularly serious, in prison for three years and seven years; Article 253 of the Criminal Law Article 1, 1 of the crime of violating the personal information of citizens, the circumstances are serious, and they will be sentenced to imprisonment or detention of less than three years, and shall be punished or single; the circumstances are particularly serious. Question and fined. In violation of relevant state regulations, those who will be sold or provided to others will be sold or provided in the process of fulfilling their duties or providing services. If the unit's pre -crime shall be punished by the unit, and the person in charge and other directly responsible persons who are directly responsible shall be punished in accordance with the crime of violating the personal information of citizens. "If the perpetrator is identified as a violation of the prevention and control of infectious diseases, it also constitutes the crime of abuse of power or infringement of the personal information of citizens. Because there is a bidding relationship in the last two crimes, it should be punished by one felony. In addition to administrative penalties, it may also be in prison for a maximum of less than three years. Of course, if the investigation agency also finds that the aforementioned actor has a bribe if it is a crime that if the aforementioned actor has a bribe if it is a crime, the actor may be a crime, then the actor may Facing the crime and penalties in the criminal law, administrative penalties may be punished in prison for three years and less than ten years, and fined or confiscated property. "Chen Xiaobiao said.

Chen Xiaobiao further introduced that for the relevant departments, the subject of the crime of abuse is limited to natural persons, excluding units. Therefore, the relevant departments will not set up the crime of abuse of power, but may establish a crime of violating the personal information of citizens and bear the corresponding criminal and administrative responsibilities. In other words, if the relevant departments constitute the crime of infringing the personal information of citizens, the direct responsible persons in charge and other directly responsible personnel of the relevant departments need to be punished by the highest in prison for up to three years and seven years. Essence "Of course, the victims can also compensate relevant departments according to the law."

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