Must see!Epidemic prevention and control 30 violations and legal consequences
Author:Main News in Tibet Time:2022.09.22
In order to help the people of the people in comprehensively grasp the possible illegal and illegal acts and possible legal consequences in the prevention and control of the epidemic, promote the prevention and control of the epidemic in accordance with the law and regulations. Legal consequences, follow the editor to understand.
1. Violation of epidemic prevention and control, control and control of social management order
1. Take public transportation, enter and exit public places such as communities, supermarkets, vegetable markets, hotels and other public places.
Article 23 suspected of violating the "Punishment of Public Security Management Penalties of the People's Republic of China" (hereinafter referred to as the "Public Security Management Penalty Law"), a warning or a fine of less than 200 yuan; if the circumstances are heavier, detained for more than 5 days and less than 10 days. And imposed a fine of less than 500 yuan.
Those who caused the spread of new coronary viruses or were seriously dangerous, may be suspected of violating Article 330 of the Criminal Law of the People's Republic of China (hereinafter referred to as the Criminal Law), which constitutes the crime of obstructing the prevention and treatment of infectious diseases.
2. Entering communities, supermarkets, vegetable markets, hotels and other relevant places, refuse to cooperate with health information verification, refuse to cooperate with the identity registration requirements
It is suspected of violating Article 50 of the Public Security Management Penalty Law, and a warning or a fine of less than 200 yuan; if the circumstances are serious, detained for more than 5 days and less than 10 days, and may be fined below 500 yuan.
Those who caused the spread of new coronary viruses or were seriously dangerous, may be suspected of violating Article 330 of the Criminal Law, constituting the crime of preventing infectious disease prevention.
3. Residents in the sealing and closed communities refused to cooperate with the seal control management, violated the relevant provisions of the epidemic prevention and control headquarters, and went out and gathered without permission.
Article 50 of the "Public Security Management Penalty Law" will be punished or fines below 200 yuan; if the circumstances are serious, they will be detained for more than 5 days and less than 10 days. Those who cause the new type of coronary virus to spread or have severe transmission may be suspected of Article 330 of the Criminal Law, which constitutes the crime of obstructing the prevention and treatment of infectious diseases. For public transportation, which causes the spread of new coronary viruses, it may be suspected of Article 1004 and 115 of the Criminal Law, which constitutes a crime of harming public safety by hazardous methods.
4. Vehicles and personnel who pass the epidemic prevention and control card point, use cards or other methods to refuse to cooperate with and accept the staff inspection by the staff.
Article 50 of the "Public Security Management Punishment Law" will be punished or fines below 200 yuan; if the circumstances are serious, detained by the office over 5 days and less than 10 days, and a fine of 500 yuan may be punished. Those who cause the new type of coronary virus to spread or have serious dissemination may be suspected of Article 330 of the Criminal Law, which constitutes the crime of preventing infectious disease prevention.
5. The crowd incorporated into the scope of nucleic acid detection, does not participate in the unified tissue nucleic acid detection
Article 51 of the Emergency Regulations of the "Emergency Public Health Incident", relevant units and individuals do not cooperate with investigation, sampling, technical analysis and inspection, may violate the "Public Security Management Penalty Law" and constitute a violation of public security management. Punishment shall be punished in accordance with the law; if a crime is suspected, it will be held criminally responsible for the crime of suspected obstruction of the prevention and treatment of infectious diseases in accordance with Article 330 of the Criminal Law.
6. Persons with a health code for yellow and red code, do not observe at home health monitoring or centralized isolation in accordance with regulations
It is suspected of violating Article 50 of the Public Security Management Penalty Law, and a warning or a fine of less than 200 yuan; if the circumstances are serious, detained for more than 5 days and less than 10 days, and may be fined below 500 yuan.
Those who caused the spread of new coronary viruses or were seriously dangerous, may be suspected of violating Article 330 of the Criminal Law, constituting the crime of preventing infectious disease prevention.
7. Conceal the condition, conceal the itinerary information (especially the history of living in key areas), conceal the history of close contact with the confirmed cases or suspected cases
Article 50 of the "Public Security Management Penalty Law" will be punished or fines below 200 yuan; if the circumstances are serious, they will be detained for more than 5 days and less than 10 days.
Those who cause the new type of coronary virus to spread or have serious dissemination may be suspected of in the relevant provisions of Article 330 of the Criminal Law, which constitutes the crime of obstructing the prevention and treatment of infectious diseases; Places or public transportation, which causes the spread of new coronary viruses, may be suspected of Article 114 and 115 of the Criminal Law, which constitutes a crime of harming public safety by hazardous methods.
8. Refusing to cooperate with the epidemiological survey of epidemic diseases carried out by the disease control and the public security department
Article 50 of the "Public Security Management Penalty Law" will be punished or fines below 200 yuan; if the circumstances are serious, they will be detained for more than 5 days and less than 10 days. It may be suspected of Article 330 of the Criminal Law, which constitutes the crime of obstructing the prevention and treatment of infectious diseases. If the violence and threat methods hinder the staff of the staff of state organs (including the personnel engaged in the prevention and control of the epidemic in state organs), they may conduct an epidemic investigation in accordance with the law, which may be suspected of Article 277 of the Criminal Law and constitute the crime of obstructing official duties.
9. Persons with symptoms such as fever, dry cough, fatigue, smell of smell, nasal congestion, runny nose, sore throat, conjunctivitis, muscle pain, and diarrhea have not followed the prevalence of the epidemic prevention and control.
Article 50 of the "Public Security Management Penalty Law" will be punished or fines below 200 yuan; if the circumstances are serious, they will be detained for more than 5 days and less than 10 days. Those who cause the new type of coronary virus to spread or have serious dissemination may be suspected of Article 330 of the Criminal Law, which constitutes the crime of preventing infectious disease prevention. 10. After the centralized isolation is over, health monitoring and management will not be accepted in accordance with regulations.
Article 50 of the "Public Security Management Penalty Law" will be punished or fines below 200 yuan; if the circumstances are serious, they will be detained for more than 5 days and less than 10 days.
Those who cause the new type of coronary virus to spread or have serious dissemination may be suspected of Article 330 of the Criminal Law, which constitutes the crime of preventing infectious disease prevention.
11. During the prevention and control of the epidemic, open chess and card files, mahjong rooms, illegal sale of cold heating drugs, etc.
Article 50 of the "Public Security Management Penalty Law" will be punished or fines below 200 yuan; if the circumstances are serious, they will be detained for more than 5 days and less than 10 days. Penalty.
Those who cause the new type of coronary virus to spread or have serious dissemination may be suspected of Article 330 of the Criminal Law, which constitutes the crime of preventing infectious disease prevention.
12. During the prevention and control of the epidemic, residents went out to participate in the gathering activities such as playing cards, catering, entertainment, etc.
Article 50 of the "Public Security Management Penalty Law" will be punished or fines below 200 yuan; if the circumstances are serious, they will be detained for more than 5 days and less than 10 days.
Those who cause the new type of coronary virus to spread or have severe transmission may be suspected of Article 330 of the Criminal Law, which constitutes the crime of obstructing the prevention and treatment of infectious diseases. For public transportation, which causes the spread of new coronary viruses, it may be suspected of Article 1004 and 115 of the Criminal Law, which constitutes a crime of harming public safety by hazardous methods.
13. Forgery and altering medical institution nucleic acid detection negative proof, use the health code, itinerary code or other methods of other people to conceal the itinerary and activities, deceive the trust of the relevant personnel, travel to visit, enter public places, causing new type of coronary virus to spread or communicate with communication Dangerous
Article 50 of the "Public Security Management Penalty Law" will be punished or fines below 200 yuan; if the circumstances are serious, they will be detained for more than 5 days and less than 10 days. Penalty. It may be suspected of Article 330 of the Criminal Law, which constitutes the crime of obstructing the prevention and treatment of infectious diseases.
14. Assist others to evade the epidemic prevention and control inspection measures
Article 50 of the "Public Security Management Penalty Law" will be punished or fines below 200 yuan; if the circumstances are serious, they will be detained for more than 5 days and less than 10 days.
Those who cause the new type of coronary virus to spread or have serious dissemination may be suspected of Article 330 of the Criminal Law, which constitutes the crime of preventing infectious disease prevention.
15. Residents and enterprises do not cooperate with disinfection related to the prevention and control of epidemics.
Article 50 of the "Public Security Management Penalty Law" will be punished or fines below 200 yuan; if the circumstances are serious, they will be detained for more than 5 days and less than 10 days.
Those who cause the new type of coronary virus to spread or have serious dissemination may be suspected of Article 330 of the Criminal Law, which constitutes the crime of preventing infectious disease prevention. If the violence and threat methods hinder the staff of the staff of state organs (including the personnel engaged in the prevention and control of the epidemic in state organs), they may conduct an epidemic investigation in accordance with the law, which may be suspected of Article 277 of the Criminal Law and constitute the crime of obstructing official duties.
Second, violation of epidemic prevention and control, control, control of economic management order
16. During the epidemic, malicious hoarding, raising prices, and making huge profits
The market supervision and management department will be handled in accordance with laws and regulations. For those who have a large amount of illegal income or other serious circumstances, and severely disrupt market order, they are suspected of violating the state's market operations and price management regulations during disasters such as prevention and control of emergencies in infectious diseases. If the market order, the large amount of illegal income or other serious circumstances may be suspected of Article 225 of the Criminal Law, which constitutes a crime of illegal business.
17. Production of medical masks, goggles, protective clothing and other medical equipment that does not meet the health of human health and industry standards
The market supervision and management department shall be administrative punishment. The serious circumstances may be suspected of Article 145 of the Criminal Law, and will be convicted for medical equipment that does not meet the standards for production and sales.
18. During the prevention and control of the epidemic, fake borrowing, production, or sales for the names of items used for prevention and control of outbreaks to deceive public and private property, or fabricate the facts to deceive public donations.
It may be suspected of Article 266 of the Criminal Law and punished for crime of fraud.
Third, other violations of epidemic prevention and control, control and control illegal criminal acts
19. Use the new type of coronary virus to infect pneumonia's epidemic manufacturing and spread rumors, incite the division of the country, destroy the unity of the country, or incite the subversion of the state power and overthrow the socialist system
It may be suspected of being investigated by Article 103 of the Criminal Law, paragraph 2 of Article 103, Paragraph 2 of Article 105, to incite the crime of splitting the state of the country or incite the crime of subverting the state power. 20. During the prevention and control of the epidemic, compose false epidemic information, scattered in public places such as the Internet, or know that false information also helps to spread and spread
Article 65 of the Corresponding Law of the Emergency Incident will be ordered to make corrections and give warnings; if serious consequences are caused, business activities will be suspended or revoked in accordance with the law. Article 25 of the "Public Security Management Punishment Law" will be detained for more than 5 days and less than 10 days, and a fine of less than 500 yuan may be punished; if the circumstances are relatively light, they will be detained for less than 5 days or a fine of less than 500 yuan. Those who severely disrupt social order may be suspected of Article 291 of the Criminal Law, which constitutes a crime of fabrication and intentionally disseminating false information.
21. Delicate the relevant information and information of the infectious patient, the carrier of the pathogen, the suspected infected patient, and the close contact involved in personal privacy
Article 42 of the "Public Security Management Punishment Law" will be detained for less than 5 days or a fine of less than 500 yuan; if the circumstances are heavier, detained will be punished with more than 10 days, and a fine of less than 500 yuan may be punished. The personal information obtained by the national organs or education, medical and other units in the process of fulfilling their duties and provided to others for sale or illegally provided them. If the circumstances are serious, they may be suspected of being suspected of infringing the crime of infringing the personal information of citizens. Essence
22. During the prevention and control of the epidemic, deliberately hurt the medical staff to cause serious consequences of minor injuries, or to implement tearing protection equipment and spitting water for medical staff, causing medical staff to infect the new coronary virus infection with the new coronary virus
It may be suspected of Article 234 of the Criminal Law, which constitutes the crime of intentional injury; if the medical staff randomly beats the circumstances, the circumstances may be suspected of Article 293 of the Criminal Law, which constitutes the crime of provocation; adopt violence or other methods For open insults and intimidation of medical staff, if the circumstances are serious or the circumstances are severe, they may be suspected of Article 246 and 293 of the Criminal Law, which constitutes an insult or a crime of provoking trouble.
23. The grass -roots medical and health institutions violate the responsibility system of the first diagnosis and take the consultation patients without authorization, causing serious consequences
It will suspend business activities or revoke a practice license in accordance with the law. Those who cause the new type of coronary virus to spread or have serious dissemination may be suspected of Article 330 of the Criminal Law, which constitutes the crime of preventing infectious disease prevention.
24. In violation of the prevention and control regulations of the epidemic, threw masks, protective clothing and other medical protection products, etc., violate the prevention and control regulations such as the prevention and control of the infectious disease prevention and control law, and dispose of medical protective supplies, equipment, medical life waste, and other other medical protective supplies containing new coronary virus pathogens, and other Toxic and harmful substances, severe pollution of the environment
It may be suspected of Article 338 of the Criminal Law, which constitutes the crime of pollution. If you intentionally put the new coronal pneumonia's pathogenesis, seriously endangers public safety, causing serious injuries, death, or suffering major losses of public and private property, it may be suspected of Article 1004 and 1005 of the Criminal Law, which constitutes a dangerous method. Harmly crime of public safety.
25. Patients or suspected patients refuse or separate from isolation treatment without authorization, refuse to beolate or separate the treatment during the isolation period
Article 39, paragraph 1, paragraph 1 of the Infectious Disease Prevention Law, may assist medical institutions by public security organs to take compulsory isolation treatment measures.
26. The testing agency has not been inspected and inspected and issued a report on the test results or issued a report on the results of false inspection and testing, or reports on the production or purchase or purchase of false inspection test results, which causes the transmission of new coronary viruses or is seriously dangerous.
It may be suspected of Article 330 of the Criminal Law, which constitutes the crime of obstructing the prevention and treatment of infectious diseases.
27. During the epidemic, deliberately spread the new crown pneumonia's pathogen, which endangers public safety
For example, infected with the new type of coronary virus to resist epidemic prevention and control measures, deliberately spread the new coronary virus infection with pneumonia, pneumonia, pathogen, pathogen, and the new coronary virus infected with pneumonia patients and pathogens. And enter public places or take public transport; new coronary virus infection pneumonia suspected patients to refuse to leave the treatment or leave the isolation treatment during the isolation period, and enter public places or take public transport. Article 114 and 115 of the Criminal Law constituted the crime of harming public safety by dangerous methods.
28. Personnel engaged in experiments, preservation, carrying, transporting infectious diseases, and poisonous species, violating the relevant provisions of the health administrative department of the State Council, causing the spread of infectious pathogenic bacteria and poisonous species.
It may be suspected of Article 331 of the Criminal Law, which constitutes the crime of spreading infectious pathogenic bacteria and poisonous species.
29. In violation of national health quarantine regulations, adopt evasion, mixed or other means during entry and exit, and do not accept the medical examination, sanitary inspection and necessary sanitary treatment of the border health quarantine organs, as well as other violations that shall accept national health quarantine Obligations, which causes the spread of quarantine infectious diseases
It may be suspected of Article 332 of the Criminal Law, which constitutes the crime of harassing national health quarantine.
30. For the prohibition of input and input of the "Inlet and Exit Dynamics and Plant Quarantine Law", or to avoid quarantine from entering objects, or the prohibition of inbound entrances is not effectively controlled and disposed of
It may be suspected of Article 337 of the Criminal Law, which constitutes the crime of obstructing the epidemic prevention and quarantine of animals and plants.
Source: rule of law Tibet WeChat public account
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