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During the epidemic period, those who concealed, lied, and left the ** without authorization must bear the corresponding legal responsibility, and if the circumstances are heinous or also cause a huge impact, they must bear the corresponding criminal responsibility. Therefore, for our daily life, if we find that such a person exists, we must report it in time, which will have a great impact on us. <
The epidemic in 2020 is the biggest test for each of us, the outbreak of the epidemic makes all of us unable to coexist under normal life, so we must pay great attention to the epidemic, and we must protect our own physical safety. Although China is now relatively the safest country, it does not mean that the epidemic has completely disappeared, and the biggest test for our current human beings is still to overcome the difficulties of the epidemic, so during the epidemic, we must pay attention to wearing masks, pay attention to isolation and protect our health and safety, and protect our lives. <>
For people who find something wrong or have various precursors in their daily life, they must be reported and dealt with in time. For epidemic patients, in fact, we must not relax in strict investigation, do not have a fluke mentality, conceal, lie, and detach during the epidemic period to bear the corresponding criminal responsibility, so if there is no epidemic in daily life, we must pay attention to protection, pay attention to more strict control and protect our own life safety. However, if there is an epidemic patient or a suspected case once it is found, it must be reported in time, otherwise.
will bear the corresponding legal responsibility. <>
Moreover, if they leave their posts without authorization, the public security organs may assist medical institutions in taking compulsory isolation measures. If the public security organs are to punish those who have not fulfilled their reporting duties and concealed the delay or made false reports, the public security organs shall punish them in accordance with law if they constitute a violation of the administration of public security, and if a crime is constituted, criminal responsibility shall be pursued in accordance with law.
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This will be criminally punished as a crime of endangering public safety, and during the epidemic, the spread of the disease is too widespread, and it is very easy to bring harm to the public and bring losses to the country.
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will be sentenced to a prison term of about one year. Those who beat epidemic prevention personnel, disrupt the order of epidemic prevention sites, and cause serious consequences of spreading diseases, may be given a heavier punishment.
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Such a person will be sentenced directly, because the situation is also very serious.
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Legal Analysis: According to the different identities of the lying person, it is divided into the following situations:
1.Where individual citizens spread rumors or falsely report the epidemic, the public security organs are to impose the following punishments:
1) Detention of between 5 and 10 days may be concurrently imposed on a fine of up to 500 RMB (2) where the circumstances are more minor, a detention of up to 5 days or a fine of up to 500 RMB may be given.
2.**Organs and local people at all levels** concealing, falsely reporting, or delaying the reporting of the epidemic:
If the person in charge is responsible for the spread or epidemic or other serious consequences, the person in charge shall be given an administrative sanction according to law, and if a crime is constituted, criminal responsibility shall be investigated according to law.
Legal basis: Law of the People's Republic of China on the Prevention and Treatment of Infectious Diseases
Article 65: Where local people at all levels** conceal, falsely report, or delay reporting on the epidemic:
If the person in charge is responsible for the spread or epidemic or other serious consequences, the person in charge shall be given an administrative sanction according to law, and if a crime is constituted, criminal responsibility shall be investigated according to law.
Article 66: Where the people's ** administrative departments of health at or above the county level conceal, falsely report, or delay reporting the epidemic situation:
The people's health administrative department at the same level and the people's health administration department at the higher level shall order corrections and circulate criticism and cause the spread or epidemic of infectious diseases or other serious consequences, and the responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law If a crime is constituted, criminal responsibility shall be investigated according to law.
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Legal analysis: Those who conceal the epidemic situation and fail to report it, resulting in the spread or epidemic of infectious diseases, and causing damage to the person or property of others, shall bear civil liability in accordance with law. If the pathogen of an infectious disease is intentionally disseminated, endangering public safety, it shall be convicted and punished in accordance with the provisions of Criminal Law articles 114 and 115, paragraph 1, in accordance with the crime of endangering public safety by dangerous means.
Legal basis: Article 77 of the Law of the People's Republic of China on the Prevention and Treatment of Infectious Diseases Where a unit or individual violates the provisions of this Law, causing the spread or epidemic of an infectious disease and causing damage to the person or property of others, it shall bear civil liability in accordance with law.
Article 1: Where the pathogens of sudden infectious diseases are intentionally disseminated, endangering public safety, conviction and punishment are to be convicted and punished in accordance with the provisions of Criminal Law articles 114 and 115, paragraph 1 of article 115 of the Criminal Law. Where a person with a sudden infectious disease or suspected of a sudden infectious disease refuses to undergo quarantine, compulsory isolation, or neglect, causing the spread of the infectious disease through negligence, and the circumstances are serious and endangers public safety, it is to be convicted and punished in accordance with the provisions of paragraph 2 of Criminal Law article 115 in accordance with the crime of negligently endangering public safety by dangerous means.
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Legal Analysis: The penalty standards for concealing the contact history in the epidemic area are as follows:
First, those who knowingly but conceal their contact history in epidemic areas are convicted of the crime of endangering public safety by dangerous means.
Second, for those who do not know whether they are infected with the novel coronavirus pneumonia and conceal their contact history in the epidemic area, and the circumstances are serious, it constitutes the crime of negligently endangering public safety by dangerous means. Therefore, if you come back from the epidemic area, you must immediately and truthfully report to the relevant prevention and control departments.
Legal basis: Law of the People's Republic of China on the Prevention and Treatment of Infectious Diseases
Article 12 All units and individuals within the territory of the People's Republic of China must accept the prevention and control measures of disease prevention and control institutions and medical institutions related to infectious diseases, such as investigation, testing, sample collection, and isolation, and truthfully provide relevant information. Where the concealer is treated at a medical institution, and the doctor asks about the situation in accordance with the provisions of **, and conceals the situation, the circumstances are met.
Article 77: Where units and individuals violate the provisions of this Law, causing the spread or epidemic of infectious diseases, and causing harm to the persons or property of others, they shall bear civil liability in accordance with law. According to this article, if the concealer causes others to be infected, he shall be liable for tort compensation.
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Legal Analysis: Those who spread rumors to praise the gods, falsely report dangers, epidemics, or police information, or intentionally disrupt public order by other means, are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB.
Legal basis: "Public Security Administration Punishment Law of the People's Republic of China" Article 25: Those who commit any of the following acts are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB: (1) Spreading rumors, falsely reporting dangers, epidemics, or police information, or intentionally disrupting public order by other means; (2) Disrupting public order by discharging false or poisonous blind culture, radioactive or corrosive substances, or pathogens of wild infectious diseases; (3) Threatening to set fires, or disrupting public order by releasing dangerous substances.
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Those who falsely report the danger or the situation, the epidemic, or the police situation, or intentionally disrupt public order by other means, are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB.
According to the "Public Security Administration Punishment Law", anyone who spreads rumors, falsely reports dangers, epidemics, police information, or intentionally disrupts public order by other means shall be detained for not less than 5 days but not more than 10 days, and may also be fined up to 500 yuan; where the circumstances are more minor, the five relatives are to be detained for up to one day or fined up to 500 yuan for blind potatoes.
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Those who spread rumors, falsely report dangerous situations, changes in epidemic conditions, police information, or intentionally disrupt public order by other means, are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB.
[Legal basis].: Law on Public Security Administration Penalties
Article 25 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 up to 500 yuan; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB.
1) Spreading rumors, falsely reporting dangers, epidemics, or police information, or intentionally disrupting public order by other means;
2) Discharging false or toxic or corrosive substances or pathogens of infectious diseases to disrupt public order;
(3) Threatening to set fires, or disrupting public order by releasing dangerous substances.
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Where individuals falsely report the epidemic and if it does not constitute a crime, they are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB. if a crime is constituted, he shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release; where serious consequences are caused, a sentence of between three and seven years imprisonment is to be given.
Article 25 of the Public Security Administration Punishment Law provides that a person who commits any of the following acts shall be detained for not less than 5 days but not more than 10 days, and may be concurrently fined up to 500 RMB; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB: (1) Spreading rumors, falsely reporting dangers, epidemics, or police information, or intentionally disrupting public order by other means; (2) Discharging false or toxic, radioactive, corrosive substances, infectious disease pathogens, or other dangerous substances to disrupt public order; (3) Threatening to carry out arson, **, or disrupting the order of public demolition and public dismantling. Whoever fabricates false information about dangers, epidemics, disasters, or police information, or disseminates it on information networks or other ** information, or knowingly spreads the above-mentioned false information on information networks or other **, seriously disrupting social order, shall be sentenced to up to three years imprisonment, short-term detention or controlled release; where serious consequences are caused, a sentence of between three and seven years imprisonment is to be given.
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Winter is coming, many places have ushered in the first snow, I believe that many friends in the south must want to go to the north to see the snow, but recently the epidemic has broken out again, it is recommended that everyone should go out as little as possible, do not increase the burden on the country, and do not let the angels in white test nucleic acid all night in the cold wind, after all, this winter is really too cold.
I hope that everyone will strengthen epidemic protection while keeping out of the cold, be sure to wear a mask when you go out, do a good job of protection, and disinfect and wash your hands when you go home, because everyone you come into contact with may increase the risk of your health code turning yellow or red. Next, let's popularize some relevant laws on epidemic prevention!
1.Concealing a history of travel or residence in medium- and high-risk areas of the epidemic is suspected of the crime of obstructing the prevention and control of infectious diseases. Two days ago, a man in Sichuan did not report to the community as soon as possible because he concealed his travel and residence history in Suili District, a medium- and high-risk place for the epidemic, within 14 days, and there was a serious risk of causing the spread of new crown pneumonia disease, and his behavior violated the provisions of Article 330 of the Criminal Law, and was suspected of obstructing the prevention and control of infectious diseases.
The first case is the case of the defendant Zhong Shu attacking XX (male) for the crime of obstructing the prevention and control of infectious diseases, because he deliberately concealed his activity trajectory and contact history, resulting in 4 of his close contacts being confirmed to be infected, and 106 people being placed in medical isolation, and on November 6, the defendant Zhong XX was sentenced to one year in prison for the crime of obstructing the prevention and control of infectious diseases.
2.Falsely reporting the history of travel and residence in medium- and high-risk areas of the epidemic, suspected of fabricating facts to disrupt public order. Some time ago, a person from Chongqing Road, Shuyang County, Suqian City, Jiangsu Province, deliberately reported to the police that he had recently returned from a high-risk area in Yangzhou due to his recent physical discomfort, and in order to achieve the purpose of free examination, he hoped to receive free medical treatment.
Guessing that Chi Fang's behavior was suspected of fabricating facts to disrupt public order, Shuyang** imposed him on administrative detention for 10 days.
Finally, I would like to remind everyone that at this critical juncture of epidemic prevention, I hope you will not add chaos to the country. Complying with the epidemic prevention and control regulations is an important measure to stop the spread of the new crown pneumonia virus, and it is also the obligation of the general public. Those who refuse to implement the prevention and control measures proposed by the people at or above the county level and the disease control and prevention and control institutions in accordance with the Law on the Prevention and Control of Infectious Diseases, resulting in the spread of infectious diseases or serious risks of transmission, and are suspected of violating the law and committing crimes, will be investigated for legal responsibility!
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