nucleic acid testing
has become part of most people's daily lives;Careful friends may usually notice that the packaging of throat swabs,
manufacturers as well as testing organizations
can be said to have a wide variety;Because hospitals have limited manpower, energy and equipment, so most of the work is now left to the
third-party testing
.Manufacturers and testing organizations
can be said to be diverse;Because hospitals are limited in manpower and equipment, most testing is now being done by
third-party testing organizations
. According to reports, in the past three years,newly established medical testing companies amounted to 12,893 , it may be due to the number of mixed, part of the organization for the nucleic acid test related to the normal work life of the people
Not a rigorous treatment;
one of the most
More than eleven cases of nucleic acid counterfeiting have been investigated and dealt with this year. , involving Jinan, Zhengzhou, Hefei, Shanghai, Beijing, Lanzhou and other places of more than a dozen testing organizations;
similar errors in the nucleic acid test report of the frequency of the emergence of the public for thenucleic acid testing organizations to fake the issue of criminal liability
concern.What is the legal responsibility of the organization?
So, if a third-party testing organization issues a false nucleic acid report,what is the crime?
This is the first time that a person has been convicted of a crime, and it is the first time that a person has been convicted of a crime that has been committed.
may constitute the crime of providing false documents or issuing documents that are materially inaccurate; According to the Criminal Law, article 229, paragraph 1, paragraph 3 of the provisions of the provision of false documents refers to, assume the responsibility for asset evaluation, auditing, legal services, safety evaluation, environmental impact assessment, environmental monitoring and other intermediary organizations, the personnel intentionally provide false documents, the circumstances are serious. Proof of documents, the circumstances are serious behavior; Proof of documents issued by a major inaccuracy, is refers to the aforementioned intermediary organization personnel serious irresponsibility, issued by a major inaccuracy in the documents, resulting in serious consequences of the behavior. The third-party nucleic acid testing organization, as an intermediary organization that provides technical verification services to the client through professional services, may be guilty of the two aforementioned crimes if it intentionally or grossly irresponsibly (negligently) issues false documents, i.e., nucleic acid test reports. Among them the crime of false certification, the maximum penalty is ten years in prison and a fine; the crime of issuing a certificate of material inaccuracy, the maximum penalty is three years in prison and a fine or a single penalty.2. Intentionally issued a false nucleic acid report led to the spread of the epidemic spread
may constitute the Criminal Law, Article 330Obstructing the prevention and control of infectious diseases
or Article 115dangerous methods of endangering public **** security crime. Endangering the safety of public **** crime.
The law is quick 递:第115条 By dangerous methods, whoever causes serious injury or death to a person or suffers great damage to public or private property shall be sentenced to not less than ten years' imprisonment, life imprisonment or the death penalty. Article 330, in violation of the provisions of the Law on Prevention and Control of Infectious Diseases, causing the spread of infectious diseases of category A, as well as infectious diseases determined by law to take preventive and control measures for infectious diseases of category A, or there is a serious risk of spreading, shall be sentenced to fixed-term imprisonment of not more than three years or or detention; if the consequences are particularly serious, shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years:3. No subjective intent, Negligent issuance of false nucleic acid report
without causing serious consequences will not be recognized as a crime, if the serious consequences, can constitute the second paragraph of Article 115 of the Criminal Law negligence endangering the safety of the public **** crime. Could face a prison sentence of three to seven years.4. At the same time, the issuance of false nucleic acid test report should also bear
administrative liability -- According to the "large-scale large-scale new coronavirus nucleic acid testing laboratories management approach (for trial implementation)" Article 24: For the issued false test reports of large-scale testing laboratories, should be in accordance with the "Regulations on the Management of Medical Institutions" Article 49 punishment ; on the issuance of false test reports of physicians, in accordance with the "Practicing Physicians Law" Article 37 punishment. That is, the testing organization will bewarned by the administrative department of health
; if it causes harm, it should beand impose a fine .
The responsible physician will also be given a warning, confiscate the illegal income, and impose a fine of less than 30,000 yuan; the circumstances are serious, ordered
suspension of practice or revocation of the physician's license
.
In addition, if the nucleic acid testing organization issued a false-positive report that led to the health of the person was wrongly transferred to the square warehouse quarantine, unfortunately, infected with the new crown pneumonia, the person can also ask for their own damage to the nucleic acid testing machine
to bear the corresponding personal injury compensation.
All in all, the nucleic acid test as the main means to identify the infection of the new crown or not, responsible for the test of therelevant organizations have a great responsibility, should be subject to strict control;
According to the latest news, the 29th afternoon, the Commission of Health in a press conference on the situation has also been made a position: the next will beThe newest and most important thing is that the newest and most important thing is the newest and most important thing is the newest and most important thing. Increase the supervision , for the implementation of the relevant illegal and criminal behavior, in accordance with the law, serious treatment. What do you think of nucleic acid counterfeiting? Welcome to leave a comment to discuss, listen to the lawsuit will continue to pay attention to this.