"Small table" operators conceal the refusal to transfer 926 people secretly suspected of obstructing the prevention and control of infectious diseases crime

The Ministry of Public Security of the Supreme People's Procuratorate punishes typical cases of crimes against the epidemic prevention and control order in accordance with the law (the 13th batch of typical cases involving the new crown pneumonia epidemic handled by the national procuratorate in accordance with the law) In 2020, under the strong leadership of the CPC Central Committee with Comrade Xi Jinping as its core, China's epidemic prevention and control has achieved significant strategic results, and the epidemic of new crown pneumonia has been effectively controlled in general, providing a strong guarantee for economic and social development.
, more than 100 million new cases of coronary pneumonia have been confirmed worldwide, and virus mutations are more contagious.
Since last winter, especially in the recent period, the outbreak of new crown pneumonia in China has shown sporadic distribution and local cluster infection interweaving overlay situation, "external defense input, internal defense rebound" task is very difficult and heavy.
With the Spring Festival approaching, the number of overseas returning personnel increased, the internal mobility of people increased, gathering activities, imports of cold-chain food and cargo logistics increased, further increasing the risk of spreading the epidemic, the need for the whole society to work together to effectively deal with.
in the prevention and control of the epidemic, there are still some non-compliance with the law, disrupting or even seriously undermining the epidemic prevention order phenomenon.
Since the outbreak prevention and control entered normality in April last year, illegal and criminal activities involving obstruction of the epidemic prevention and control order have shown new changes and new characteristics different from the initial stage of the outbreak, from the initial stage due to non-compliance with the prevention and control decrees violent injury to doctors, breaking through the border, hiding Hubei, Wuhan travel history caused by the spread or spread of serious risks, to the temporary shortage of prevention and control materials induced by the system Fake sales, price increases, robbery, fraud and other illegal crimes, gradually changed to the current normal nucleic acid detection, entry and exit inspection and quarantine, cold chain transport, epidemiological investigation and other key links of the obstruction of the epidemic prevention and control order behavior, the emergence of forged nucleic acid detection reports, obstruction of nucleic acid detection order, destruction of logistics import inspection and quarantine system and other illegal acts.
To do a good job in normal outbreak prevention and control, not only need governments at all levels in modern science and technology, big data technical support to organize scientific prevention and control, accurate prevention and control, but also need the masses to comply with the law, abide by the decree, so as to ensure that the epidemic prevention and control more accurate, the epidemic on the people's lives and health threats and the impact on production and life to a minimum, to maintain public health security and social and public interests, to ensure that epidemic prevention and control always run on the rule of law track.
In order to further guide the people to consciously abide by the relevant laws and regulations on epidemic prevention and control, and to guide procuratorial organs and public security organs to handle cases involving illegal crimes related to epidemic prevention and control in accordance with the law, the Supreme People's Procuratorate and the Ministry of Public Security jointly compiled five typical cases of crimes against the epidemic prevention and control order in accordance with the law.
1 The legal thrust of the case against the prevention and control of infectious diseases is stipulated in Article 330 of the Criminal Law and the Opinions on punishing the prevention and control of pneumonia outbreaks that obstruct new coronavirus infections in accordance with article 330 of the Criminal Law and the Provisions of the Law on the Prevention and Control of Infectious Diseases, jointly issued by the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security and the Ministry of Justice in February 2020. If the refusal to implement the preventive and control measures proposed by the health and epidemic prevention institutions in accordance with the Law on the Prevention and Control of Infectious Diseases, which cause the spread of new coronavirus or is in serious danger of spreading, shall not comply with the provisions of Article 114, Article 115, paragraph 1, of the Criminal Law, and shall be criminalized and punished for the crime of obstructing the prevention and control of infectious diseases in accordance with the provisions of Article 330 of the Criminal Law.
The "violation of the provisions of the Law on the Prevention and Control of Infectious Diseases" includes a series of laws and regulations related to epidemic prevention and control, such as the Law on the Prevention and Control of Infectious Diseases, the Law on Emergency Response to Emergencies, and the relevant provisions of the State Council, as well as measures for the prevention and control of outbreaks issued by governments at all levels and relevant departments during the period of epidemic prevention and control in accordance with the above-mentioned laws and regulations and normative documents.
this regard, the amendment to the Criminal Law (11) explicitly includes the act of "refusing to implement the prevention and control measures proposed by the people's governments at or above the county level and the disease prevention and control agencies in accordance with the law" into one of the specific manifestations of the crime of obstructing the prevention and control of infectious diseases.
In judicial practice, if all levels of government and relevant departments request that no personnel be allowed to gather, provide nucleic acid testing reports, truthfully report the flow trajectory and other epidemic prevention and control measures, if the violation of the provisions, causing the spread of new coronavirus or serious risk of transmission, it is suspected of constituting a crime of obstruction of the prevention and control of infectious diseases, criminal responsibility shall be investigated according to law.
case of a Beijing Shunyi Wang suspected of obstructing the prevention and control of infectious diseases Wang, male, 51 years old.
Wang and his family members rent to live in The Village of Zhao Quanying Town, Shunyi District, through the opening of small tables to provide student care, transportation and meal services, a total of Zhao Quanying Town, Gaoli Camp Town and other surrounding villages and towns of pre-school children, primary school students more than 20 people, by Wang is responsible for driving children to and from school.
25, 2020, a new confirmed case of coronary pneumonia appeared in Shunyi District, Beijing.
December 26, Zhao Quanying town government staff informed the village contacts to ask the villagers not to go out of the village, people with fever symptoms to report to the village committee as early as possible.
Wang self-reported on the morning of January 2, 2021 appeared dry pharynx, sore throat, headache symptoms, no fever and other symptoms, January 6 at noon self-test temperature of 37.4 degrees C, at home to take 999 cold back fever, did not report to the village committee as required.
, at about 9:30 a.m. on January 8, Wang, accompanied by his son, went from Shunyi to the fever clinic at Beijing's Tsinghua Changyu Hospital in Changping District.
meanwhile, nurses, visiting doctors asked whether they had been to Shunyi Gaoli camp town and other medium- and high-risk areas, Wang denied that, only admitted that he had fever symptoms.
hospital staff did not treat them as patients in medium and high-risk areas in isolation, allowing them to wait with other fever patients in the waiting area for up to 7 hours.
the same day by the hospital screening, Wang a new crown pneumonia nucleic acid results positive, January 9 at 9:30, Wang was transferred to Ditan Hospital isolation treatment.
From January 9, 2021, Changping District, Shunyi District Disease Prevention and Control Department to Carry out epidemiological investigation and close inspection work on Wang, Wang a stream of personnel to conceal the true itinerary, said that he began to stay at home from mid-December 2020, only on December 27, 2020 to Shunyi District Gaoli Camp Market to do nucleic acid testing, January 7, 2021 to Huai district, The town of Tongqiao Township Government The opening of the tax insurance business window, as well as a small number of trips to a gas station, denied that between December 25, 2020 and January 3, 2021 to Shunyi District, Beishige Town, Gaoli Camp Town, the town of After Shaxuan and other villages to pick up children, family-run small tables, to a nearby small clinic, etc. , resulting in Changping District, Shunyi District disease prevention and control departments failed to fully grasp the trajectory of their activities and confirm the personnel.
after the work of the CDC, confirmed that Wang a secret personnel a total of 926 people, including the operation of small tables involving children 21 people, 23 parents of children.
to date, two of Wang's six family members have been diagnosed with the new coronavirus, and the remaining four are asymptomatic infections.
other close contacts, three (2 children, 1 child relative) were confirmed positive.
, the Shunyi District Prosecutor's Office and the public security organs jointly studied the case on January 11, 2021, the Shunyi District Public Security Bureau on suspicion of obstructing the prevention and control of infectious diseases against Wang a case investigation.
the investigation, at the request of the public security organs, the Shunyi District Procuratorate and the public security organs jointly study, further clarify the direction of investigation, and fix and perfect the relevant evidence in accordance with the law.
wang is currently in isolation treatment, the judiciary will be prosecuted in accordance with the law.
case II Heilongjiang Li a case of obstruction of infectious disease prevention and control Li, male, 47 years old, in Heilongjiang Province, Mishan City, an economic and trade company work.
Since April 2020, Heilongjiang Province and Mishan City have issued "Notice on the implementation of strict epidemic prevention management on the fixed-point loading and loading sites of Russian ports" "Notice on the implementation of emergency epidemic prevention measures for entry personnel at Mishan port" and "Notice on the implementation of strict epidemic prevention management at customs places of supervision" The Notice "Notice on the establishment of a special class for the prevention and control of the epidemic at The Mishan Port" and other relevant provisions on the prevention and control of the entry of the epidemic at the port require all personnel entering the port work area and the cargo site operating area to strictly implement the secondary protection standards, not to contact with the Russian drivers, and the implementation of centralized isolation of residence and operation closed-loop control.
Li and Russian driver Andrei had known each other in business dealings.
November 10, 2020, at 12 o'clock, Li knew that Russia is an outbreak country, in accordance with the requirements of the epidemic prevention must not be in private contact with foreign personnel, still with the Russian freight driver who came to the port to transport goods Andre, agreed to meet privately near the fence near the Dahua customs warehouse site at the Mishan port, alternating Andre purchased auto parts, and was commissioned by a certain High from Andre to receive shoes box, jewelry box, honey and other items, accompanied by direct delivery of cash and other acts.
Li placed items in the vehicle he was driving, has arrived in Mishan City Lianzhushan grass steaming hall, Mingze Wood Company, Guo liquor Maotai shop, VIP North Garden Express Station, Russian big string stores, Republican fruit shops, Dayong barbecue shop and other places to eat, work, pick up others, send couriers, shopping, dinner and so on.
, most of the time did not wear masks, gloves and other protective measures.
on November 10th, at about 21:00, the Russian driver, Andrei nucleic acid, tested positive, and on November 11th, Andrei gave Lee a weak positive on the surface nucleic acid outside his shoe box.
Li's behavior caused the outbreak of neo-crown pneumonia serious transmission risk, resulting in himself and his 42 contacts by the Mishan disease control department centralized isolation control, a number of shops temporarily closed closed for killing treatment.
the scene of the trial Li was arrested on November 26, 2020 by the Mishan Municipal Public Security Bureau on suspicion of obstructing the prevention and control of infectious diseases, and on December 10, the Mishan City Prosecutor's Office approved the arrest on suspicion of obstructing the prevention and control of infectious diseases.
January 11, 2021, Li was indicted on suspicion of obstructing the prevention and treatment of infectious diseases.
Li a guilty plea, the procuratorate recommended that Li be sentenced to one year in prison.
January 17, the Mishan Municipal People's Court sentenced Li to one year's imprisonment for obstruction of the prevention and control of infectious diseases.
2 The legal thrust of the case of obstruction of border health and quarantine shall, in accordance with Article 332 of the Criminal Law of the People's Republic of China, constitute a crime of obstructing border health and quarantine if it causes the spread of a quarantine infectious disease or is in serious danger of spreading, and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall be punished with a fine or a single penalty.
In March 2020, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of Justice and the General Administration of Customs jointly issued the Opinions on Further Strengthening border health and quarantine work and punishing illegal crimes against border health and quarantine in accordance with the law. Quarantine measures, or sanitary treatment measures such as isolation, retention, local examination, referral, etc.; second, quarantine infectious disease infected persons or infected suspects to conceal the epidemic by means of falsely filling out health statement cards, or falsifying or altering quarantine documents, certificates, etc.; third, knowing or necessary to know that the implementation of examination and approval management of microorganisms, human tissues, biological products, blood and their products and other special items may cause the spread of quarantine infectious diseases, without approval, and still evade quarantine Fourth, if a person infected with a quarantine infectious disease or a suspected infection is found on the means of entry and exit, the person in charge of the means of transport refuses to accept sanitary quarantine or refuses to accept sanitary treatment; fifthly, a person who has died of non-accidental injury or death on the means of entry and exit from a country or region where the quarantine infectious disease is endemic and the cause of death is unknown; and sixthly, the person in charge of the means of transport intentionally conceals the situation; and sixthly, the person in charge of the means of transport deliberately conceals the situation; and sixthly, the person in charge of the means of transport refuses to implement the quarantine measures proposed by the Customs in accordance with the National Health and Quarantine Law and other laws and regulations.
Therefore, in the process of entry of persons and imports of goods, in violation of the relevant provisions on the provision of quarantine reports, customs clearance, killing of goods, etc., causing the spread of quarantine infectious diseases or serious risk of transmission, constitute a crime against border health and quarantine, should be investigated for criminal responsibility.
case three Shanghai Yu, Tang a suspected obstruction of border health and quarantine case Yu, male, 23 years old;
August 27, 2020, in order to effectively prevent the outbreak of imported new coronavirus pneumonia, our Embassy in the Philippines issued a notice requiring Chinese citizens returning from the Philippines to board the aircraft within 3 days of the new coronavirus nucleic acid test negative certificate "HS" logo green health code.
to return home to escape the outbreak in the Philippines, Yu and Tang tested positive for neovirus nucleic acid twice on August 30 and September 3.
In order to illegally fly home, on September 7, two people contacted the intermediary, respectively, for 17,000 yuan to buy a forged new crown virus nucleic acid test negative certificate of St. Luke's Hospital in the Philippines, and to conceal the outbreak from the embassy, claimed the green health code.
September 9, two people arrived at Pudong International Airport on China Eastern Airlines flight MU212 and tested positive for neovirus nucleic acid, which was immediately sent to quarantine point for observation.
September 10, two people were diagnosed with neo-coronavirus pneumonia and sent to Shanghai Public Health Clinical Center for treatment.
October 4, Yu and Tang were investigated by the Songjiang Public Security Bureau for obstruction of border health and quarantine, and on the same day decided to take compulsory measures to obtain bail pending trial.
case officers to study the case on January 21, 2021, Songjiang Public Security Bureau on suspicion of obstructing the border health and quarantine crime will Yu, Tang transferred to Songjiang District People's Procuratorate for examination and prosecution, the judicial organs will be prosecuted in accordance with the law.
case four Jiangsu Liu, etc. suspected of obstructing the border health and quarantine case Liu, male, 47 years old, Jiangsu Supply Chain Management Group Co., Ltd. (hereinafter referred to as Company A) manager.
Yuan, male, 21 years old, Qingdao Logistics Co., Ltd. (hereinafter referred to as Company B) employees.
Zhou, female, 31 years old, Jiangsu Logistics Group Co., Ltd. (hereinafter referred to as Company C) quality inspection department employees.
September 14, 2020, Jiangsu Agricultural Industrial Park Development Co., Ltd. declared to Lianyun Port Customs the import of afrozen tip kiss flat, a total of 4 frozen containers.
in the import process, the Agricultural Industrial Park Development Co., Ltd. commissioned Company A to store the imported goods and to go through the declaration procedures for entering the Lianyun Port Integrated Bonded Zone.
commissioned company B as a port agent, for import clearance and logistics procedures.
commissioned the criminal suspect Liu as the consectioner and company B cargo agent docking, operation to deal with import customs clearance matters.
, September 15, Lianyun Port Sea