Shiloh
Editor, Senior Moderator
Source: http://www.time-weekly.com/html/20200206/266476_1.html
Vice President of the Guangdong Provincial High Court: Refusal to quarantine treatment and malicious transmission of the virus can be sentenced to death!
Current Affairs> | Time Weekly-2020-02-06 19:36:18 Source: Times Weekly
Time Weekly reporter: Wang Xinhao
At 16:00 on February 6th, the Guangdong Provincial Information Office held the twelfth news conference on epidemic prevention and control, and made a clear explanation on epidemic prevention.
According to the report sent back by the reporter from Times Weekly, at the press conference, Jiang Kaixin, deputy secretary of the Provincial Party Committee's Political and Legal Committee, said that in terms of epidemic prevention, according to the deployment requirements of the Provincial Party Committee and the Provincial Government, the Provincial Party Committee's Politics and Law Committee quickly took the lead in organizing the Provincial Party Committee according to law. The Provincial Office, the Provincial Public Security Department, the Provincial Justice Department, the Provincial Market Supervision Bureau and other units conduct special research and draft relevant laws and regulations. The Provincial Party Committee's Politics and Law Committee requires that the political and legal institutions at all levels throughout the province follow five principles in the prevention and control of epidemic law enforcement: First, follow the principle of legality and evidence; second, follow the principle of strict efficiency; third, follow the principle of reasonableness and appropriateness; fourth, follow the coordination The principle of cooperation; the fifth is to follow the principle of civilized law enforcement.
Regarding confirmed or suspected cases that do not receive treatment or isolation management, malicious or laissezable disease transmission, Hu Ying, vice president of the provincial court, said that since the outbreak, the provincial court has attached great importance to the establishment of a special working group to Criminal and civil law issues were studied.
Hu Ying pointed out that the current illegal and criminal activities involving the epidemic have a common feature-refusing to cooperate with the epidemic prevention and control department, resisting and obstructing the epidemic prevention and control, and endangering public health and safety. China's criminal law and related judicial interpretations provide different charges for this, and weave a tight legal network.
According to the provisions of China's criminal law, relevant personnel and units who violate the provisions of the Infectious Diseases Prevention Law and refuse to cooperate with the implementation of the preventive and control measures proposed by the health and epidemic prevention departments, which cause the spread of Class A infectious diseases or are at risk of serious transmission, constitute Article 330 of the Criminal Law. The prescribed crimes against the prevention and control of infectious diseases can be punished by fixed-term imprisonment or detention of less than three years, and if the consequences are particularly serious, they can be punished by fixed-term imprisonment of more than three years and less than seven years.
Hu Ying said that according to the "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases Disturbing Prevention and Control of Disasters such as Epidemics of Infectious Diseases", the confirmed or suspected cases are not treated or managed in isolation, And if the malicious or permissive virus spreads and endangers public safety, in accordance with the provisions of Article 114 of the Criminal Law and Article 115, Paragraph 1, the crime of endangering public safety in a dangerous way has not caused serious consequences, Can be sentenced to fixed-term imprisonment of more than three years and less than ten years; those who cause serious injury or death or cause significant loss of public and private property can be sentenced to more than ten years' imprisonment, life imprisonment or death.
In addition, those who suffer from an infectious disease or suspect a sudden infectious disease and refuse to undergo quarantine, compulsory quarantine, and treatment. Negligence causes the infectious disease to spread, the circumstances are serious, and public safety is endangered in accordance with Article 115, paragraph 2 of the Criminal Law. The provisions that constitute a crime of negligently endangering public safety may be punished by a term of imprisonment of more than three years and less than seven years; if the circumstances are less serious, the term of imprisonment or detention shall be imposed. The people's court will strictly follow the law and implement the spirit of quickness and strictness, quasi-conviction and sentencing, crack down on various crimes involving epidemics in accordance with the law, and provide strong judicial guarantees for epidemic prevention and control in our province.
Vice President of the Guangdong Provincial High Court: Refusal to quarantine treatment and malicious transmission of the virus can be sentenced to death!
Current Affairs> | Time Weekly-2020-02-06 19:36:18 Source: Times Weekly
Time Weekly reporter: Wang Xinhao
At 16:00 on February 6th, the Guangdong Provincial Information Office held the twelfth news conference on epidemic prevention and control, and made a clear explanation on epidemic prevention.
According to the report sent back by the reporter from Times Weekly, at the press conference, Jiang Kaixin, deputy secretary of the Provincial Party Committee's Political and Legal Committee, said that in terms of epidemic prevention, according to the deployment requirements of the Provincial Party Committee and the Provincial Government, the Provincial Party Committee's Politics and Law Committee quickly took the lead in organizing the Provincial Party Committee according to law. The Provincial Office, the Provincial Public Security Department, the Provincial Justice Department, the Provincial Market Supervision Bureau and other units conduct special research and draft relevant laws and regulations. The Provincial Party Committee's Politics and Law Committee requires that the political and legal institutions at all levels throughout the province follow five principles in the prevention and control of epidemic law enforcement: First, follow the principle of legality and evidence; second, follow the principle of strict efficiency; third, follow the principle of reasonableness and appropriateness; fourth, follow the coordination The principle of cooperation; the fifth is to follow the principle of civilized law enforcement.
Regarding confirmed or suspected cases that do not receive treatment or isolation management, malicious or laissezable disease transmission, Hu Ying, vice president of the provincial court, said that since the outbreak, the provincial court has attached great importance to the establishment of a special working group to Criminal and civil law issues were studied.
Hu Ying pointed out that the current illegal and criminal activities involving the epidemic have a common feature-refusing to cooperate with the epidemic prevention and control department, resisting and obstructing the epidemic prevention and control, and endangering public health and safety. China's criminal law and related judicial interpretations provide different charges for this, and weave a tight legal network.
According to the provisions of China's criminal law, relevant personnel and units who violate the provisions of the Infectious Diseases Prevention Law and refuse to cooperate with the implementation of the preventive and control measures proposed by the health and epidemic prevention departments, which cause the spread of Class A infectious diseases or are at risk of serious transmission, constitute Article 330 of the Criminal Law. The prescribed crimes against the prevention and control of infectious diseases can be punished by fixed-term imprisonment or detention of less than three years, and if the consequences are particularly serious, they can be punished by fixed-term imprisonment of more than three years and less than seven years.
Hu Ying said that according to the "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases Disturbing Prevention and Control of Disasters such as Epidemics of Infectious Diseases", the confirmed or suspected cases are not treated or managed in isolation, And if the malicious or permissive virus spreads and endangers public safety, in accordance with the provisions of Article 114 of the Criminal Law and Article 115, Paragraph 1, the crime of endangering public safety in a dangerous way has not caused serious consequences, Can be sentenced to fixed-term imprisonment of more than three years and less than ten years; those who cause serious injury or death or cause significant loss of public and private property can be sentenced to more than ten years' imprisonment, life imprisonment or death.
In addition, those who suffer from an infectious disease or suspect a sudden infectious disease and refuse to undergo quarantine, compulsory quarantine, and treatment. Negligence causes the infectious disease to spread, the circumstances are serious, and public safety is endangered in accordance with Article 115, paragraph 2 of the Criminal Law. The provisions that constitute a crime of negligently endangering public safety may be punished by a term of imprisonment of more than three years and less than seven years; if the circumstances are less serious, the term of imprisonment or detention shall be imposed. The people's court will strictly follow the law and implement the spirit of quickness and strictness, quasi-conviction and sentencing, crack down on various crimes involving epidemics in accordance with the law, and provide strong judicial guarantees for epidemic prevention and control in our province.