1. Qinghai Xining deliberately concealed the true itinerary and activities and was filed

2. Yulin, Guangxi, concealed contact with personnel in key epidemic areas and did not take preventive measures to be put on file

3, Xuzhou, Jiangsu Province concealed its itinerary and ran around and was put on file

4. During the quarantine period in Ganzhou, Jiangxi, a case was filed for taking a bus

5. During the quarantine period in Shantou, Guangdong, a case was filed by means of transportation

Crimes against public safety! These people were criminally filed for deliberately concealing the fact of returning home from Wuhan and were diagnosed with new coronary pneumonia!

Yes, criminally filed for endangering public safety. This offence is a very serious offence. Article 114 of the Criminal Law: Whoever endangers public security by arson, flooding, explosion, or the release of poisonous, radioactive, infectious disease pathogens or other dangerous methods, and has not yet caused serious consequences, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.

It can be seen from the sentencing that this is a very serious crime, and once convicted, the starting point is three years. So let's analyze the crime from the traditional composition of the crime.

Objective elements: The object of the crime is public safety, that is, the life, health and major public and private property safety of an unspecified majority of people, as well as the safety of public production and life. Its essential characteristics are manifested as non-specificity, and the objects of such crimes and the harmful consequences they may cause are often unpredictable and controlled in advance. If the perpetrator's criminal act does not infringe on the life, health or major public or private property of an unspecified majority, but only a specific individual or specific public or private property, it does not constitute a crime of endangering public security.

Objective: It is manifested in the implementation of various acts that endanger public safety, which can be manifested as both action and inaction. Due to the serious social harm of acts endangering public safety, acts endangering public security include acts that have already caused harmful consequences, and acts that have not caused serious consequences, but are sufficient to endanger the life, health and safety of major public and private property and the safety of public life of an unspecified majority.

Subject elements: Most of the subjects of the crime are general subjects, and a few are composed of special subjects. In addition, some of the crimes in this category can be constituted by the unit, and some crimes can only be constituted by the unit. Any person who has attained and possessed the capacity for criminal responsibility may become the subject of the crime.

Subjective element: The crime is subjectively manifested as the intention of the crime, including direct intent and indirect intention. The perpetrator knows that his behavior endangers public safety, may cause unspecified casualties or major losses to public or private property, and hopes or allows such results to occur.

The behavior of the perpetrators in the following cases has the following characteristics: deliberately concealing facts, including but not limited to: 1. Deliberately concealing the true itinerary of Wuhan or Hubei, and fabricating the return date. Concealing symptoms such as fever and deceiving visitors. Even spit on the inspectors and other masses, haha, etc. 2 Go to public places and contact unspecified people. 3. During the quarantine period, go out without authorization, contact the public, take public transportation, etc.

In terms of subjectivity, the perpetrator does not necessarily have to have the intention to hope or pursue the occurrence of harmful results, but if he knows that he has returned from the place where the epidemic occurred, or has already developed symptoms of illness, etc., he indulges himself, and engages in the above behavior, which can be regarded as a mentality of allowing the result to occur, that is, indirect intentionality in criminal law. Indirect intentionality is also intentional!

According to the first paragraph of Article 1 of the Judicial Interpretations of the Supreme People's Court and the Supreme People's Court, intentionally spreading pathogens of sudden infectious diseases that endanger public safety (such as confirmed or suspected patients not isolated for treatment, intentionally spreading pathogens in close contact with others in public places), shall be convicted and punished in accordance with the provisions of Article 114 and the first paragraph of Article 115 of the Criminal Law, as the crime of endangering public security by dangerous methods.

Furthermore, according to the provisions of the second paragraph of Article 1 of the Interpretation, if a person suffering from a sudden infectious disease or suspected of a sudden infectious disease refuses to accept quarantine, compulsory isolation or treatment, and negligently causes the spread of an infectious disease, the circumstances are serious and endangers public safety, he shall be convicted and punished as the crime of endangering public security by negligently using dangerous methods in accordance with the provisions of the second paragraph of Article 115 of the Criminal Law.

In the face of the epidemic, we will be afraid and will panic! However, any act of concealing the truth and deceiving oneself is not only irresponsible to oneself, but also extremely irresponsible to others, which is more likely to trigger social panic, aggravate the huge risk of epidemic transmission, disrupt the overall situation of epidemic prevention and control, and produce serious consequences. This kind of concealment that harms others and harms oneself not only violates the Law on the Prevention and Control of Infectious Diseases, but also violates the Criminal Law if the circumstances are serious, and will face serious criminal punishment!

(This article is translated by software translator for reference only.)