I. Case Review Xinzhan Street, Dongchang District, Tonghua City? Sheng Yuan Quality Life Workshop? 202111On 9 October, the operator Ji Moumou hired a native of Heilongjiang, Lin Mou (who was asymptomatic and infected in Tonghua City? No.0 infection source? ) to promote the sales of its products in Dongchang District, Tonghua City.
When Lin promoted products in two health centers, he repeatedly asked many middle-aged and elderly people to go? Class? Many middle-aged and elderly people are inadvertently recruited for free eggs. According to reports, in this round of epidemic, most of the infected people are middle-aged and elderly people, with an average age of 63 and the largest being 88 years old. ?
Two, this crime and that crime in novel coronavirus during the epidemic, this is the most familiar crime, so what is the crime of obstructing the prevention and control of infectious diseases? According to the Criminal Code of People's Republic of China (PRC)
Article 330 Whoever violates the provisions of the Law on the Prevention and Control of Infectious Diseases, under any of the following circumstances, causes the spread of Class A infectious diseases and infectious diseases whose prevention and control measures are determined according to law, or is in serious danger of spread, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the consequences are especially serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
The crime can be either a unit or an individual in the subject, which violates the national management system on the prevention and treatment of infectious diseases in the objective elements, and is subjectively manifested as negligence, that is, the actor is unaware of the serious danger of the spread of Class A infectious diseases. This, combined with this case, does not mean that Heilongjiang Renlin can be exempted from liability without knowing that he is infected.
What if Lin knows that he is infected? Teaching? Then this nature is even worse and should be punished according to the crime of endangering public security. ?
Third, if Lin, a citizen of Heilongjiang, is found guilty of obstructing the prevention and treatment of infectious diseases after trial, then his starting point is three years. If there are other serious consequences, it may be three to seven years; If Lin is intentional, then the whole case is serious in nature and should be punished as a crime of endangering public security, and can be sentenced to fixed-term imprisonment of more than 10 years, life imprisonment or death.