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    Home > Medical News > Medical World News > Supreme Court Issues on sales of medical masks

    Supreme Court Issues on sales of medical masks

    • Last Update: 2020-02-19
    • Source: Internet
    • Author: User
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    Yuanashley A novel coronavirus issued by the Supreme People's court, the Supreme People's Procuratorate, the Ministry of public security and the Ministry of justice has recently issued the "opinions on punishing the crime of obstructing the new type of coronavirus infection and preventing and controlling the epidemic of pneumonia" According to the opinion, if the production of medical equipment such as masks and goggles that do not meet the national and industrial standards for safeguarding human health, or the sale of medical equipment that clearly knows to be substandard, is serious enough to endanger human health, the crime of production and sale of medical equipment that does not meet the standards shall be convicted and punished, with a maximum sentence of life imprisonment and confiscation of all personal property According to the provisions of articles 140 and 214 of the criminal law, the production and sale of masks with other non-medical problems may also constitute the crime of producing and selling fake and inferior products or the crime of selling counterfeit trademarks If a person commits the act of producing fake and inferior masks and selling them to the outside world under the guise of another person's trademark, and the sales amount is more than 50000 yuan, he shall be punished for one of the above two crimes Specifically, if the sales amount is more than 50000 yuan but less than 200000 yuan, the offender shall be convicted of the crime of selling counterfeit trademarks If the sales amount is more than 200000 yuan, the offender shall be convicted and sentenced in accordance with the provisions of heavier punishment It should be noted that "three no masks" can not be directly equivalent to unqualified products, and should be judged according to relevant identification opinions The epidemic situation is still severe, the supply and demand of masks are still tense, and the investigation and treatment of unqualified cases of masks will be very strict With the police around the country cracking down on such cases as "priceless masks", "fake masks", "three no masks", some illegal vendors or low-cost purchase of expired masks, face-to-face and high-price foreign sales also surfaced Some of them do not have production license and production conditions to produce and sell fake masks; or they do not have production date, quality certificate or producer name These problem masks are sold in the name of "medical" and "medical surgical" masks after they are produced During the epidemic period, the two departments will apply laws accurately and punish all kinds of illegal crimes that hinder the prevention and control of the epidemic Deliberately spreading the novel coronavirus infecting pneumonia pathogens, which is one of the following situations, endangering public safety, shall be convicted and punished according to the provisions of the 114th and 115th paragraph 1 of the criminal law, in order to harm public safety by dangerous means: 1 the newly diagnosed novel coronavirus infect pneumonia patients and pathogen carriers, refuses to be isolated or treated, or is not allowed to leave the isolation treatment without permission, and enters public places or public transport Novel coronavirus novel coronavirus infection is suspected to be caused by 2 new coronaviruses Any novel coronavirus or other serious risk that is caused by the new health care and epidemic prevention agencies that is not being carried out by the health and epidemic prevention agencies according to the law on prevention and control of infectious diseases shall be convicted and punished in accordance with the provisions of article 330th of the criminal law Those who obstruct the staff of state organs by means of violence or threat (including those who are engaged in public affairs in the organizations that exercise the administrative functions and powers related to epidemic prevention and control in accordance with the provisions of laws and regulations, and those who are engaged in public affairs in the organizations that are entrusted by state organs to exercise the functions and powers of epidemic prevention and control on behalf of state organs, though not included in the staffing of state organs, are engaged in epidemic prevention and control in state organs Those who are in charge of Public Affairs) who, in accordance with the law, take such measures as epidemic prevention, quarantine, compulsory isolation, isolation and treatment to prevent and control the epidemic shall be convicted and punished for the crime of obstructing public affairs in accordance with the provisions of the first and third paragraphs of Article 277 of the criminal law Whoever violently attacks the people's police who are performing their duties according to law shall be convicted of the crime of obstructing public service and given a heavier punishment Novel coronavirus is caused by intentional injury to medical personnel and slobber protection equipment and spitting water during the period of epidemic prevention and control The medical staff will be convicted and punished for intentional injury according to the 234Th provision of the criminal law Whoever beats medical personnel at will, if the circumstances are flagrant, shall be convicted and punished for the crime of provocation in accordance with the provisions of article 293 of the criminal law Those who use violence or other methods to insult or intimidate medical personnel in a public manner and meet the provisions of articles 246 and 293 of the criminal law shall be convicted and punished for the crime of insult or provocation Those who illegally restrict the personal freedom of medical personnel by means of forbidding them to leave the workplace and other means, which conform to the provisions of article 238 of the criminal law, shall be convicted and punished for the crime of illegal detention During the novel coronavirus control, the production and sale of fake and inferior products for prevention and control, protection of products and materials, or the production and sale of counterfeit drugs and inferior drugs used to prevent and treat pneumonia caused by new coronavirus are in accordance with the provisions of 140th, 141st and 142nd criminal law Crime punishment During the period of epidemic prevention and control, Whoever produces medical equipment such as masks, goggles and protective clothing that do not meet the national or industrial standards for safeguarding human health, or sells medical equipment that clearly knows to be not up to the standards, which is enough to seriously endanger human health, shall be convicted and punished for the crime of producing and selling medical equipment that does not meet the standards in accordance with the provisions of Article 145 of the criminal law During the period of epidemic prevention and control, those who, in violation of the relevant regulations of the state on market operation and price management, hoard and hoard, bid up the prices of masks, goggles, protective clothing, disinfectants and other protective articles, medicines or other articles related to the people's livelihood urgently needed for epidemic prevention and control, seek huge profits, obtain a large amount of illegal gains or have other serious circumstances, and seriously disturb the market order shall be punished in accordance with the second criminal law The provisions of paragraph 4 of Article 125 shall be convicted and punished for the crime of illegal business operation During the period of epidemic prevention and control, whoever swindles public or private property in the name of developing, producing or selling articles used for epidemic prevention and control, or fabricates facts to swindle public donations, if the amount is relatively large, shall be convicted and punished as a crime of fraud in accordance with the provisions of article 266 of the criminal law During the period of epidemic prevention and control, whoever, in the name of epidemic prevention and control, uses advertisements to make false propaganda on the commodities or services promoted, thus causing many people to be deceived, and the amount of illegal income is relatively large or there are other serious circumstances, shall be convicted and punished as the crime of false advertisement in accordance with the provisions of Article 222 of the criminal law During the period of epidemic prevention and control, if there is a large amount of public or private property, especially epidemic prevention and control and guarantee materials, or if there are other serious circumstances, the ringleaders and active participants shall be convicted and punished for the crime of mob robbery in accordance with the provisions of article 268 of the criminal law Whoever fabricates false epidemic information, spreads it on the information network or other media, or knowingly disseminates it on the information network or other media, thus seriously disturbing social order, shall be convicted and punished for the crime of fabricating or deliberately disseminating false information in accordance with the provisions of the second paragraph of article 291-1 of the criminal law Whoever fabricates false information, or knowingly fabricates false information, spreads it on the information network, or organizes or instructs personnel to spread it on the information network, causing a disturbance and causing serious disorder of public order, shall be convicted and punished for the crime of provocation in accordance with the provisions of the first paragraph (4) of article 293 of the criminal law The use of a novel coronavirus to infect the epidemic of pneumonia, create and spread rumors, incite division of state, undermine national unity, or incite subversion of state power and overthrow the socialist system, shall be convicted and punished according to the provisions of the 103rd, second, 105th and second paragraphs of the criminal law If the network service provider fails to perform the information network security management obligations prescribed by laws and administrative regulations, and refuses to correct after being ordered by the regulatory authorities to take corrective measures, resulting in the massive dissemination of false epidemic information or other illegal information, it shall be convicted and punished for the crime of refusing to perform the information network security management obligations in accordance with the provisions of article 281 of the criminal law Cases of false epidemic information should be handled according to law, accurately and appropriately Anyone who maliciously fabricates false epidemic information, causes social panic, stirs up social mood and disturbs public order, especially maliciously attacks the party and government, uses the opportunity to incite subversion of state power and overthrow the socialist system, shall be severely punished according to law Whoever disseminates false information because of credulity, if the harm is not serious, shall not be punished as a crime In the work of epidemic prevention and control, the functionaries of state organs who are responsible for organizing, coordinating, commanding, disaster investigation, control, medical treatment, information transmission, transportation, material guarantee, etc., who abuse their power or neglect their duties, thus causing heavy losses to public property, the interests of the state and the people, shall be guilty of abusing their power in accordance with the provisions of Article 397 of the criminal law The crime of dereliction of duty shall be convicted and punished The novel coronavirus infection and spread of pneumonia are seriously irresponsible for the staff of the health administrative department They fail to fulfill or fail to fulfill their duties of supervision and control seriously If the circumstances are serious, they shall be convicted and punished according to the provisions of the 409th provision of the criminal law Those who engage in novel coronavirus virus infection in the laboratory, preserve, carry and transport infectious diseases and strains and violate the relevant provisions of the State Council's health administration departments, shall be convicted and punished for spreading the virus according to the provisions of article 331st of the criminal law Novel coronavirus, a person who is entrusted with the management of state-owned property, and a company, an enterprise or other unit, shall be embezzled or withheld or illegally occupied by other means to prevent or control the infection of new coronavirus from pneumonia, or to embezzle the money and articles for personal use, in accordance with the provisions of the 382nd, 383rd and 271st criminal law Article 384 and 272 shall be convicted and punished for the crime of embezzlement, the crime of official embezzlement, the crime of misappropriation of public funds and the crime of misappropriation of funds Embezzlement novel coronavirus infection, relief, relief and other money used for the prevention and control of new coronavirus infection, which is in line with the 273rd provision of the criminal law, shall be convicted and punished for the person directly responsible for the crime of misappropriating specific money and property During the period of epidemic prevention and control, Whoever sabotages tracks, bridges, tunnels, highways, airports, waterways, lighthouses, signs or conducts other sabotage activities enough to cause the train, car, tram, ship or aircraft to capsize or destroy, shall be convicted and punished for the crime of sabotaging traffic facilities in accordance with the provisions of Article 117 and the first paragraph of Article 119 of the criminal law In handling cases of damage to traffic facilities, it is necessary to distinguish between specific situations and handle them prudently according to law In order to prevent the spread of the epidemic, those who seal roads without approval and obstruct traffic without causing serious consequences are generally not punished as crimes and shall be corrected by the competent department Illegally hunting or killing precious or endangered wildlife under special state protection, or illegally purchasing, transporting or selling special state protection
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