In order to respond to the call of the Party and the government and actively participate in the battle of epidemic prevention and control, all lawyers of Gaopeng formulated an emergency service plan at the first time, and reported our work arrangements to our clients in a letter to clients, and reminded them of legal risks in the special period. At present, Beijing Gaopeng (Yangzhou and Taizhou) Law Firm has fully launched online remote office and continues to make every effort to provide professional and efficient legal services to clients. In the near future, the teams of Gaopeng Law Firm will closely cooperate with the epidemic prevention struggle, make full use of their professional advantages, adapt to the needs of the prevention and control situation, help our clients cope with various potential crises and risks, and publish a series of legal articles one after another, please pay attention to it.

At present, the new coronavirus is raging, which is seriously affecting the normal production and living order of society, and the prevention and control of infectious diseases is also related to the health of every citizen. Gao Peng Yangzhou Law Firm summarized the criminal liability for common illegal and criminal acts under the severe form of the new crown epidemic. At a time when epidemic prevention and control are tight, abiding by the law and cooperating with national epidemic prevention measures is the best "disaster relief" for ordinary citizens.

1. Characteristics of punishment during special periods

1On December 27, the Supreme People's Procuratorate issued the Notice on Conscientiously Implementing the Central Epidemic Prevention and Control Plan and Resolutely Doing a Good Job in the Epidemic Prevention and Control Work of Procuratorial Organs, which emphasized that it is necessary to give full play to various procuratorial functions, effectively carry out epidemic prevention and control for all sectors of society, and create a favorable judicial environment for winning the epidemic prevention and control war. It is necessary to strictly implement the relevant provisions of the Law on the Prevention and Control of Infectious Diseases and the Criminal Law, and severely punish dereliction of duty crimes such as concealing or lying about the epidemic, and failing to take timely prevention and control measures to cause the spread of the epidemic; Severely punish crimes of raising prices, making huge profits, seriously disrupting market order during the epidemic prevention and control period, and the crime of producing and selling shoddy prevention and protection products and drugs; Severely punish crimes with novel coronavirus pneumonia and suspected illnesses that intentionally spread the virus, refuse to accept quarantine, and force isolation treatment, causing serious consequences; It is necessary to intensify the crackdown on "violent injuries to " during the epidemic prevention and control period, and ensure that medical staff who are fighting on the front line of prevention and control can rest assured; Strictly crack down on crimes such as fabricating terrorist information related to the epidemic, using the epidemic to create and spread rumors, inciting and undermining the implementation of the law, and endangering public safety, to ensure the overall stability of society and ensure the smooth and orderly progress of epidemic prevention and control.

Lawyer Gao Peng believes that at the current critical juncture of the spread of the epidemic, the procuratorate and relevant judicial institutions will promptly and severely punish typical cases of crimes committed against the wind. This article aims to briefly introduce and analyze the following illegal and criminal acts that may occur during the epidemic control period.

2. Main legal references

1, Criminal Law of the People's Republic of China

2, Law of the People's Republic of China on Administrative Punishments for Public Security

3, Law of the People's Republic of China on the Prevention and Control of Infectious Diseases

4, Emergency Regulations for Public Health Emergencies

5Interpretation on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases Impeding the Prevention and Control of Sudden Infectious Disease Epidemics and Other Disasters

6Interpretations on Several Issues Concerning the Application of Law in the Trial of Criminal Cases of Fabrication and Intentional Dissemination of False Terrorist Information

7Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases Involving the Use of Information Networks to Commit Defamation

8Regulations on the Supervision and Administration of Medical Devices

3. Legal characterization of the new crown epidemic?

At present, the new type of pneumonia has been included in the scope of regulation of the Law on the Prevention and Control of Infectious Diseases as a Class B infectious disease, and the prevention and control measures of Class A infectious diseases have been taken in accordance with the provisions of Article 4 of the Law.

IV. Introduction to major illegal and criminal acts and their legal consequences

1, deliberately concealing the condition and moving around in violation of isolation requirements, will bring legal consequences

A, relevant laws and regulations

Administrative regulations stipulate: Article 12 of the Law on the Prevention and Control of Infectious Diseases, Articles 33 and 41 of the Regulations on Emergency Response to Public Health Emergencies, etc., stipulate that people's governments at or above the county level and disease prevention and control institutions in areas where infectious diseases are outbreaks or epidemics shall employ medical disposal measures such as on-site isolation, on-site observation, and on-site treatment for patients with infectious diseases and suspected infectious diseases.

Article 39 of the Law on the Prevention and Control of Infectious Diseases stipulates that medical establishments shall isolate and treat patients, pathogen carriers, or close contacts of suspected patients of Class A infectious diseases, and where isolation treatment is refused or the isolation period has not expired without authorization, the public security organs may assist the medical establishment in adopting compulsory isolation treatment measures.

The Interpretations of the Supreme People's Court and the Supreme People's Court on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases Impeding the Prevention and Control of Sudden Infectious Disease Epidemics and Other Disasters stipulates: Those who knowingly suffer from infectious diseases, refuse to accept isolation, and intentionally spread or endanger public safety, may 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.

The second paragraph of article 115 of the Criminal Law stipulates: If you knowingly have or are suspected of having an infectious disease, refuse to accept quarantine, compulsory isolation or treatment, and negligently cause the spread of an infectious disease, and the circumstances are serious and endanger public safety, you may be convicted and punished according to the crime of endangering public security by dangerous methods through negligence.

At the same time, it is worth reminding that the scope of Class A infectious diseases stipulated in Article 330 of the Criminal Law on the crime of obstructing the prevention and control of infectious diseases includes the Law of the People's Republic of China on the Prevention and Control of Infectious Diseases and the relevant provisions of the State Council, and this new type of pneumonia has been included in the scope of regulation of the Law on the Prevention and Control of Infectious Diseases as a Class B infectious disease, and has taken measures for the prevention and control of Class A infectious diseases in accordance with the provisions of Article 4 of the Law, and there are different understandings of whether they can be recognized as Class A infectious diseases in the judiciary, therefore, it may also violate Article 330 of the Criminal Law [ Crime of obstructing the prevention and control of infectious diseases] "In any of the following circumstances, in violation of the provisions of the Law on the Prevention and Control of Infectious Diseases, causing the spread of Class A infectious diseases or having a serious risk of transmission, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention;If the consequences are particularly serious, the punishment shall be fixed-term imprisonment of not less than three years and not more than seven years: ... (4) Refusing to implement the prevention and control measures proposed by health and epidemic prevention institutions in accordance with the Law on the Prevention and Control of Infectious Diseases.”

B, Gao Peng analysis

Under the current high-pressure situation, not only confirmed or highly suspected cases have been informed, but also residents with a history of living and traveling in Wuhan and Hubei; Knowing that their failure to perform their reporting and isolation and other epidemic prevention obligations may lead to the spread of the virus, but they still enter and exit public places, and the relevant institutions warn them that they are still going their own way and endangering public safety, they shall be investigated for criminal responsibility in accordance with the provisions of Article 114 and Article 115, paragraph 1 of the Criminal Law, as the crime of endangering public safety by dangerous methods.

Although lawyer Gao Peng believes that in the early stage of the outbreak, due to the lack of smooth information channels, some affected people may have a negligent mentality of overconfidence and negligence due to poor information channels, but under the guidance of the current spirit of handling relevant cases seriously and expeditiously, it is more likely that the public security organs will file a case for investigation according to subjective intention.

Even if there is no direct intentional mentality, only indirect intentional subjective understanding, or a negligent mentality such as fear of isolation, such as gathering a crowd to play cards, hiding at home, concealing the situation, as long as it causes the spread of pneumonia infected by the new coronavirus, the circumstances are serious, and the damage result endangering public safety still constitutes the crime of endangering public safety by dangerous methods or the crime of endangering public safety by negligent use of dangerous methods, and Article 115 of the Criminal Law shall be applied for conviction and punishment.

C: Related cases

Shandong Weifang Public Security reported that Zhang Moufang, a pneumonia patient infected by the new coronavirus who deliberately concealed her travel history and contact history, was placed on file for investigation in accordance with the law.

The public security of Shenzhen, Guangdong, reported that 64-year-old Fan Moufang repeatedly concealed her itinerary to the place where the epidemic occurred, and opened a case for investigation on suspicion of endangering public safety by dangerous methods.

2, the legal consequences of refusing to wear a mask, disobeying management, and verbal abuse (or physical contact).

A, relevant laws and regulations

Article 8 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in the Handling of Criminal Cases Impeding the Prevention and Control of Sudden Infectious Disease Epidemics and Other Disasters stipulates that where violence or threats are used to obstruct state organ staff or Red Cross staff from lawfully performing epidemic prevention, quarantine, compulsory isolation, isolation treatment and other prevention and control measures taken to prevent and control sudden infectious disease epidemics and other disasters, the provisions of paragraphs 1 and 3 of article 277 of the Criminal Law are followed. They shall be convicted and punished for the crime of obstructing public service.

Article 293 of the Criminal Law [Crime of Picking Quarrels and Provoking Troubles] Whoever commits any of the following acts of picking quarrels and provoking troubles and disrupts social order shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, or surveillance: (1) Beating others at will, where the circumstances are egregious;(2) Chasing, intercepting, insulting, or intimidating others, and the circumstances are egregious ;(4));( Making a disturbance in a public place, causing serious disorder in a public place.

Article 50 of the Public Security Administration Punishment Law stipulates that whoever commits any of the following acts shall be given a warning or a fine of not more than 200 yuan; where the circumstances are serious, they shall be detained for not less than 5 days but not more than 10 days, and may also be fined not more than 500 yuan: (1) Refusing to carry out decisions or orders lawfully issued by the people's government under the state of emergency; (4) Forcibly breaking into the warning belts or warning areas set up by the public security organs. Where people's police are obstructed from lawfully performing their duties, give a heavier punishment.

B, Gao Peng analysis

Recently, Guangdong Province has taken the lead in issuing requirements for many videos of people refusing to cooperate in wearing masks, arrogant and domineering parties, and insulting and doing things to staff and even police officers, and Guangdong Province has taken the lead in issuing requirements: operators and managers of public places should require personnel entering their places to wear masks before entering public places they operate, and set up conspicuous and clear reminders to wear masks at the entrance of the venue; Those who do not wear masks shall be discouraged from entering the premises, and those who do not heed the dissuasion shall report to the relevant competent departments in accordance with the provisions of the Law of the People's Republic of China on the Prevention and Control of Infectious Diseases and the Regulations on the Administration of Hygiene in Public Places, and the relevant competent departments shall handle it in accordance with their respective duties and in accordance with law. Where emergency response staff are obstructed from performing their duties, violating the Law of the People's Republic of China on Administrative Punishments for Public Security, and constituting a violation of public security administration, the public security organs shall give punishments in accordance with law; Where a crime is constituted, a notice of criminal responsibility shall be pursued in accordance with law. It is expected that other provinces and cities will follow suit.

Therefore, if you refuse to wear a mask, you can be detained or fined 5-10 in accordance with Article 50 of the Public Security Administration Punishment Law; If there is an act of verbal abuse or assault in the process of refusing to wear a mask, you may be prosecuted for the crime of picking quarrels and provoking trouble; If the object of resistance is a State agent or a police officer, they may be prosecuted for criminal liability for the crime of obstructing public service.

C, related cases

The Nanming Branch of the Guiyang Municipal Public Security Bureau informed Lu (female, 29 years old, from Jiangyan, Jiangsu) to enter the Hunter International City Plaza on Wenchang South Road, Nanming District, Guiyang City, without wearing a protective mask. Lu refused to wear a mask and forcibly entered the Hunter International City Square. In the process of the square staff dissuading Lu, Lu made a big fuss, and insulted and beat the staff, causing people to gather in the Hunter International City Square, disrupting public order and causing a bad impact. According to Article 23 of the Law of the People's Republic of China on Administrative Punishments for Public Security, the Nanming Public Security Sub-Bureau imposed a punishment of 8 days' administrative detention on Lu, the offender, in accordance with the law.

3, fabricating or deliberately disseminating false terrorist information related to the epidemic, seriously disrupting social order, will bring legal consequences

A, relevant legal provisions

Law on Administrative Punishments for Public Security: Whoever commits any of the following acts shall be detained for not less than 5 days but not more than 10 days, and may also be fined not more than 500 yuan; where the circumstances are minor, they shall be detained for not more than five days or fined not more than 500 yuan: (1) spreading rumors, falsely reporting dangerous situations, epidemics, police situations, or intentionally disrupting public order by other methods; (2) Disturbing public order by releasing false explosive, toxic, radioactive, corrosive substances, or dangerous substances such as infectious disease pathogens; (3) Threatening to set fires, explode, or release dangerous substances to disrupt public order.

Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in the Handling of Criminal Cases Impeding the Prevention and Control of Sudden Infectious Disease Epidemics and Other Disasters: Whoever fabricates terrorist information related to sudden infectious disease epidemics and other disasters, or knowingly disseminates such terrorist information as fabricated and seriously disrupts social order, shall be convicted and punished as the crime of fabricating or intentionally disseminating false terrorist information in accordance with Article 291-1 of the Criminal Law.

Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases Involving the Use of Information Networks to Commit Defamation: Article 2: In any of the following circumstances, the use of information networks to slander others shall be deemed to be "serious circumstances" as provided for in the first paragraph of Criminal Law article 246 :(1) The same defamatory information has actually been clicked or viewed more than 5,000 times, or forwarded more than 500 times; (2) Causing serious consequences such as mental disorder, self-injury, or suicide of the victim or his or her close relatives; (3) Having received administrative punishment for defamation within two years, and slandering others; (4) Other serious circumstances.

Article 246 of the Criminal Law [Crime of Insult] [Crime of Defamation] Where violence or other methods are used to openly insult others or fabricate facts to slander others, and the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, surveillance, or deprivation of political rights. Whoever uses the information network to insult or intimidate others, and the circumstances are egregious, disrupting social order, shall be convicted and punished as the crime of picking quarrels and provoking trouble in accordance with the provisions of the first paragraph (2) of article 293 of the Criminal Law. Whoever fabricates false information, or knowingly fabricates false information, and spreads it on information networks, or organizes or instructs personnel to spread it on information networks, stirs up disturbances, and causes serious disorder in public order, shall be convicted and punished as the crime of picking quarrels and provoking trouble in accordance with the provisions of Subparagraph (4) of the first paragraph of Article 293 of the Criminal Law.

B, Gao Peng analysis

It is true that freedom of speech is a sacred right granted to citizens by our Constitution, and the blocking of speech is undoubtedly due to choking, and as long as citizens' speech has a factual basis and legitimate reasons, it should not be interfered with.

However, in the extraordinary period of the spread of the epidemic, some people with ulterior motives spread rumors for their own selfish desires, or some fanned the flames and fabricated facts in order to express their anger.

Lawyer Gao Peng hereby reminds that when publishing remarks in media such as Moments, WeChat groups, and Weibo, it is necessary to verify the source of information, consider the possible legal consequences, and do not bring trouble to yourself and society.

C, related cases

The Xiayi County Public Security Bureau in Henan Province reported on February 2 that on January 31, Gao of Station Town, Xiayi County, spread rumors in a WeChat message with 493 people, saying that "Yang Moumou, who has been diagnosed with novel coronavirus pneumonia in Xiayi County, has died, and his family is afraid to collect the body." , causing panic among people and disrupting public order. The station police station of the Xiayi County Public Security Bureau conducted an inspection and summoned Gao in accordance with the law. Gao was administratively detained for 5 days for disturbing public order.

The Shuidongdi Police Station of the Louxing Public Security Bureau cracked a case suspected of fabricating and deliberately spreading false information.

The Shuangfeng County Public Security Bureau issued a lawful agreement on "Shuangfeng is about to close the city, supermarkets may be closed, please prepare your own supplies." The rumor walker Peng imposed an administrative penalty.

4, Taking the opportunity of preventing and controlling the new coronavirus pneumonia, the legal consequences of the production and sale of counterfeit masks and other medical supplies

A, relevant legal provisions

Criminal Law: Article 140 [Crime of Producing and Selling Fake and Shoddy Products] Where producers or sellers adulterate or adulterate their products, pretend to be genuine, use shoddy products or pass off substandard products as qualified products, and the sales amount is more than 50,000 yuan and less than 200,000 yuan, they shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and shall be fined not less than 50% but not more than two times the sales amount concurrently or individually;where the sales amount is more than 200,000 yuan but less than 500,000 yuan, he shall be sentenced to fixed-term imprisonment of not less than two years and not more than seven years, and shall also be fined not less than 50% but not more than two times the sales amount;where the sales amount is more than 500,000 yuan but less than 2 million yuan, he shall be sentenced to fixed-term imprisonment of not less than seven years and a fine of not less than 50% but not more than two times the sales amount;Where the sales amount is more than 2 million yuan, the person shall be sentenced to 15 years' fixed-term imprisonment or life imprisonment, and shall also be fined not less than 50 percent but not more than two times the sales amount or have his property confiscated.

Criminal Law: Article 140 [Crime of Producing and Selling Fake and Shoddy Products] Where a producer or seller adulterates or adulterates a product, pretends to be genuine, uses shoddy or substandard products as qualified products, and the sales amount is more than 50,000 yuan and less than 200,000 yuan, he shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and shall be fined not less than 50 percent but not more than two times the sales amount concurrently or individually;where the sales amount is more than 200,000 yuan and less than 500,000 yuan, he shall be sentenced to fixed-term imprisonment of not less than two years and not more than seven years, and shall also be fined not less than 50% but not more than two times the sales amount;where the sales amount is more than 500,000 yuan but less than 2 million yuan, he shall be sentenced to fixed-term imprisonment of not less than seven years and a fine of not less than 50% but not more than two times the sales amount;Where the sales amount is more than 2 million yuan, the person shall be sentenced to 15 years' fixed-term imprisonment or life imprisonment, and shall also be fined not less than 50 percent but not more than two times the sales amount or have his property confiscated.

Article 145:[Crimes of Producing or Selling Medical Equipment That Does Not Meet the Standards] Where medical devices or medical hygiene materials that do not conform to the national or industry standards for protecting human health, or the sale of medical devices or medical hygiene materials that are known to not conform to the national or industry standards for protecting human health, and are sufficient to seriously endanger human health, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined not less than 50 percent but not more than two times the sales amount;whoever causes serious harm to human health shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined not less than 50 percent but not more than two times the sales amount;If the consequences are particularly serious, they shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50 percent but not more than two times the sales amount or have their property confiscated.

Article 3 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in the Handling of Criminal Cases Impeding the Prevention and Control of Sudden Infectious Disease Epidemics and Other Disasters Article 3 During the prevention and control of sudden infectious disease epidemics and other disasters, the production of medical devices and medical hygiene materials used for the prevention and control of infectious diseases that do not conform to the national or industry standards for the protection of human health, or the sale of medical devices and medical hygiene materials that are known to be used for the prevention and control of infectious diseases that do not conform to the national standards or industry standards for the protection of human health, Where it does not have protective or therapeutic functions and is sufficient to seriously endanger human health, it shall be convicted of the crime of producing or selling medical equipment that does not meet the standards in accordance with the provisions of Article 145 of the Criminal Law, and shall be given a heavier punishment in accordance with law.

B, Gao Peng analysis

At the beginning of the epidemic, some factories and WeChat merchants made a fortune, and some lower-level salespeople who were seduced sold problem masks through WeChat groups and other channels. The Supreme People's Procuratorate issued a document for two consecutive days, focusing on the problem mask crime, and this type of case is a high-voltage line under the current situation, and must not make the wisdom faint.

Lawyer Gao Peng suggested that the production and sale of 'problem masks' may be suspected of five crimes: the crime of producing and selling fake and shoddy products, the crime of selling goods with counterfeit registered trademarks, the crime of counterfeiting registered trademarks, the crime of producing and selling medical equipment that does not meet the standards, and the crime of illegal operation. Zhang Jianzhong, second-level senior prosecutor of the Fourth Procuratorate of the Supreme People's Procuratorate, made it clear that the procuratorate should severely crack down on the production and sale of "problem masks" in accordance with the provisions of the Criminal Law.

At the same time, medical surgical masks and N95 masks, which are Class II medical devices, are medical devices with medium risk and need to be strictly controlled and managed to ensure their safety and effectiveness. The Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases Impeding the Prevention and Control of Sudden Infectious Disease Epidemics and Other Disasters stipulates that during infectious disease epidemics and other disasters, the production of medical devices and medical hygiene materials used for the prevention and treatment of infectious diseases that do not conform to the national standards and industry standards for the protection of human health, or the sale of medical devices and medical hygiene materials that are known to be used for the prevention and treatment of infectious diseases that do not meet the national standards and industry standards for the protection of human health, do not have protection, Where the therapeutic function is sufficient to seriously endanger human health, the person shall be convicted of the crime of producing or selling medical equipment that does not meet the standards in accordance with the provisions of article 145 of the Criminal Law, and shall be given a heavier punishment in accordance with law.

Related cases

Jinhua seized counterfeiting gangs, and 25,000 pairs of "3M masks" were all fakes

Yiwu seized counterfeiting gangs: more than 150,000 pairs of "3M masks" are all fakes

Jiangdu seized counterfeiting gangs: 220,000 pairs of "3M masks" are all fakes

V. Conclusion

At a time when the whole country is working together to fight the epidemic, lawyer Gao Peng reminds all citizens to obey the arrangement, control emotions, do not spread rumors or believe in rumors, reasonably supervise and express opinions, and refuse to participate in illegal sales and business activities, I believe that we will be able to overcome the epidemic.

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