In order to help the general public to fully grasp the epidemic prevention and control of illegal behavior and possible legal consequences, to promote the prevention and control of the epidemic work in accordance with the law and efficiently, especially the preparation of the following 22 kinds of epidemic prevention and control of illegal behavior and possible legal consequences of understanding paper.
1. Take public **** transportation, in and out of the community, supermarkets, food markets, hotels and other public **** places, refused to cooperate with the management of the persuasion to wear masks, suspected of violating the "Chinese People's **** and the State Public Security Administration Punishments Act" (hereinafter referred to as the "Public Security Administration Punishments Act"), Article 23, with a warning or a fine of less than 200 yuan. fine; if the circumstances are more serious, the person shall be detained for not less than 5 days but not more than 10 days, and may also be fined not more than 500 yuan. If you cause the spread of new coronavirus or there is a serious risk of transmission, you may be suspected of violating Article 330 of the Criminal Law of the People's Republic of China (hereinafter referred to as the "Criminal Law"), which constitutes the crime of obstructing the prevention and control of infectious diseases.
2. In and out of the neighborhood, supermarkets, food markets, hotels and other related places, refused to cooperate with the verification of health information, refused to cooperate with the provisions of the identity registration, suspected of violating the "Public Security Administration Punishments Law", Article 50, shall be warned or a fine of less than 200 yuan; the circumstances of the seriousness of the case, shall be sentenced to 5 days to 10 days of detention, and may be sentenced to a fine of less than 500 yuan Fine. Causing the spread of new coronaviruses or a serious risk of transmission may be suspected of violating Article 330 of the Criminal Law, constituting the crime of obstructing the prevention and control of infectious diseases.
3. Passing through the epidemic prevention and control of the vehicles and people at the checkpoints, in order to punch the card or other methods, refused to cooperate with, accept the check of the staff at the checkpoints, suspected of violating the "Public Security Administration Punishments Law", Article 50, shall be given a warning or a fine of less than 200 yuan; the circumstances of the seriousness of the situation, shall be sentenced to 5 days to 10 days detention, and can be imposed a fine of less than 500 yuan. Fine. Those who cause the spread of the new coronavirus or have a serious risk of spreading it may be suspected of violating Article 330 of the Criminal Law, which constitutes the crime of obstructing the prevention and control of infectious diseases.
4. Including the nucleic acid test scope of the population, do not participate in the unified organization of the nucleic acid test, suspected of violating the "Emergency Regulations on Public **** Health Emergencies" Article 51, the relevant units and individuals do not cooperate with the investigation, sampling, technical analysis and testing, and may be a violation of the "Public Security Administration Punishment Law" Article 50, constituting a violation of the public security administration behavior The relevant units and individuals will be punished by the public security organs in accordance with the law; if they are suspected of committing a crime, they will be held criminally liable in accordance with Article 330 of the Criminal Law for the crime of obstructing the prevention and control of infectious diseases.
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5. sealing control, closed district residents refused to cooperate with the sealing control management, in violation of the provisions of the "Health Management Work Guidelines", unauthorized outing, gathering, suspected of violating the "Public Security Administration Punishment Law" Article 50, a warning or a fine of 200 yuan; the circumstances are serious , shall be sentenced to detention of not less than 5 days and not more than 10 days, and may also be fined not more than 500 yuan. If a person causes the spread of a new coronavirus or there is a serious danger of its spread, he may be suspected of violating Article 330 of the Criminal Law, constituting the crime of obstructing the prevention and control of infectious diseases; if a diagnosed patient or a carrier of the pathogen, who conceals his condition or withholds information about his trip, enters a public **** place or rides on a public **** means of transportation, causing the spread of a new coronavirus, he may be suspected of violating Article 114 and Article 115 of the Criminal Law , constituting the crime of endangering public **** safety by dangerous methods.
6. Health code for the yellow code, red code of the person, not in accordance with the provisions of the home health monitoring or centralized isolation and observation, suspected of violating the "Public Security Administration Punishments Law", Article 50, shall be sentenced to a warning or a fine of less than 200 yuan; the circumstances of the seriousness of the case, shall be sentenced to more than 5 days to less than 10 days of detention, and may be sentenced to a fine of less than 500 yuan. Causing the spread of the new coronavirus or a serious risk of transmission may be suspected of violating Article 330 of the Criminal Law, constituting the crime of obstructing the prevention and control of infectious diseases.
7. During the epidemic prevention and control period, residents who go out to participate in gathering activities such as playing cards, dining and entertainment in violation of the regulations, and who are dissuaded from doing so, may be suspected of violating Article 50 of the "Public Security Administration Punishment Law", and shall be given a warning or a fine of less than 200 yuan; in serious cases, they shall be sentenced to detention of 5 days or more, or less, or may be sentenced to a concurrent fine of less than 500 yuan. If a person causes the spread of a new coronavirus or there is a serious danger of its spread, he may be suspected of violating Article 330 of the Criminal Law, which constitutes the crime of obstructing the prevention and control of infectious diseases; if a diagnosed patient or a carrier of the pathogen, who conceals his condition or withholds information about his trip, enters a public **** place or rides on a public **** means of transportation, causing the spread of a new coronavirus, he may be suspected of violating Articles 114 and 115 of the Criminal Law, which constitutes the crime of endangering the public **** by dangerous means , constituting the crime of endangering public **** safety by dangerous methods.
8. During the epidemic prevention and control period, opening tutoring classes, chess and cards stalls, mahjong rooms, and selling cold and fever medicines in violation of the law is suspected to be in violation of Article 50 of the Law of Punishment for Public Security Administration and shall be sentenced to a warning or a fine of less than 200 yuan; if the circumstances are serious, the person shall be sentenced to a detention of 5 days or more, or less, or may be sentenced to a fine of less than 500 yuan. Causing the spread of the new coronavirus or a serious risk of transmission may be suspected of violating Article 330 of the Criminal Law, constituting the crime of obstructing the prevention and control of infectious diseases.
9. After the end of the centralized isolation, does not accept the health monitoring and management in accordance with the provisions of the regulations, after the discouragement is ineffective, suspected of violating Article 50 of the "Law on Punishment for Public Security Administration," shall be sentenced to a warning or a fine of less than 200 yuan; in serious cases, shall be sentenced to detention of 5 days or more than 10 days, and may be sentenced to a fine of less than 500 yuan. Causing the spread of the new coronavirus or a serious risk of transmission may be suspected of violating Article 330 of the Criminal Law, constituting the crime of obstructing the prevention and control of infectious diseases.
10. Concealment of illness, concealment of trip information (especially travel history in key areas), concealment of a history of close contact with confirmed or suspected cases, suspected of violating Article 50 of the Public Security Administration Punishments Law, shall be sentenced to a warning or a fine of less than 200 yuan; in serious cases, shall be sentenced to detention of 5 days to 10 days, and may be sentenced to a concurrent fine of less than 500 yuan. yuan or less. If a person causes the spread of a novel coronavirus or a serious risk of its spread, he may be suspected of violating Article 330 of the Criminal Law, constituting the crime of obstructing the prevention and control of infectious diseases; if a confirmed patient or a carrier of the pathogen conceals his condition or withholds information about his trip, enters a public **** place or rides on a public **** means of transportation, causing the spread of a novel coronavirus, he may be suspected of violating Articles 114 and 115 of the Criminal Law, constituting the crime of endangering public **** by dangerous means. , constituting the crime of endangering public **** safety by dangerous methods.
11. During the period of preventing and controlling the epidemic of the new coronavirus pneumonia, the staff of the governmental health administrative department engaged in the prevention and control of infectious diseases is grossly irresponsible, resulting in the spread or epidemic of the new coronavirus pneumonia, and the circumstances are serious, and may be suspected of violating Article 409 of the Penal Code, which constitutes the crime of dereliction of duty in the prevention and control of infectious diseases.
12. Residents and businesses that do not cooperate in disinfection work related to epidemic prevention and control, and have been discouraged to no avail, may be suspected of violating Article 50 of the Public Security Administration Punishments Law, and shall be given a warning or a fine of less than 200 yuan;if the circumstances are serious, they shall be given a detention of not less than 5 but not more than 10 days, and may be also given a a fine of not more than 500 yuan. Causing the spread of novel coronavirus or serious risk of spread may be suspected of violating Article 330 of the Criminal Law and constitutes the crime of obstructing the prevention and control of infectious diseases. Obstructing, by means of violence or threat, the staff of state organs (including those who are engaged in epidemic prevention and control in state organs) to carry out epidemic investigation in accordance with law may be suspected of violating Article 277 of the Criminal Law, which constitutes the crime of obstructing official duties.
13. Anyone who refuses to cooperate with epidemiological investigations of epidemics carried out by the disease control and public security departments is suspected of having violated Article 50 of the Public Security Administration Punishment Law, and shall be given a warning or a fine of less than 200 yuan; if the circumstances are serious, the person shall be sentenced to detention of not less than 5 and not more than 10 days, and may be sentenced to a fine of not more than 500 yuan. May be suspected of violating Article 330 of the Criminal Law, constituting the crime of obstructing the prevention and control of infectious diseases. Anyone who, by means of violence or threat, obstructs a staff member of a state organ (including a person engaged in the official duty of epidemic prevention and control in a state organ) from carrying out an epidemic investigation in accordance with the law may be suspected of violating Article 277 of the Criminal Law, constituting the crime of obstructing official duties.
14. During the epidemic, malicious hoarding, price gouging, profiteering, by the market supervision and management departments in accordance with the rules. For the amount of illegal income or other serious circumstances, serious disruption of market order, suspected of violating the state in the prevention and control of sudden outbreaks of infectious disease epidemic and other disasters during the market operation, price management and other regulations, price gouging, profiteering, serious disruption of market order, the amount of illegal income or other serious circumstances, may be suspected of violating the "Criminal Law" article 225, constituting the Illegal business offense.
15. Violation of epidemic prevention and control provisions, littering masks, protective clothing and other medical protective supplies, etc. According to Article 338 of the Criminal Law, violation of the Infectious Disease Prevention and Control Law and other epidemic prevention and control provisions, arbitrary disposal of medical protective supplies, equipment, medical and household wastes containing the pathogen of the new coronavirus, as well as other poisonous and harmful substances, seriously pollution of the environment, may be suspected of pollution of the environment crime. Deliberate release of new coronavirus pathogens, seriously endangering the safety of the public ****, causing serious injury or death or causing major damage to public or private property, may be suspected of violating Articles 114 and 115 of the Criminal Law, constituting the crime of endangering the safety of the public **** by dangerous methods.
16. How to deal with patients and suspected patients who refuse or unauthorizedly leave the isolation treatment. According to the "Chinese people's *** and the prevention and control of infectious diseases law" article 39, paragraph 1, refuses to isolate the treatment or isolation period has not expired without authorization to leave the isolation treatment, can be assisted by the public security organs of the medical institutions to take compulsory isolation treatment measures.
17. During the epidemic, the intentional spread of the new crown pneumonia pathogen, endangering the safety of the public ****, may be suspected of violating Articles 114 and 115 of the Criminal Law, constituting the crime of endangering the safety of the public **** by dangerous means, and, if it does not cause serious consequences, shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years; and, if it causes serious consequences. shall be sentenced to fixed-term imprisonment of ten years or more, life imprisonment or the death penalty.
18. Persons with symptoms such as fever, dry cough, malaise, loss of smell and taste, nasal congestion, runny nose, sore throat, conjunctivitis, myalgia, and diarrhea who fail to seek medical treatment at a fever clinic in accordance with the requirements for prevention and control of epidemics, and who have been persuaded and failed to do so, are suspected of having violated Article 50 of the Public Security Administration Punishments Law, and shall be given a warning or a fine of not more than 200 yuan; If the circumstances are serious, shall be sentenced to 5 days or more than 10 days of detention, and may be fined up to 500 yuan. Causing the spread of the new coronavirus or a serious risk of transmission may be suspected of violating Article 330 of the Criminal Law, constituting the crime of obstructing the prevention and control of infectious diseases.
19. The person infected with the new coronavirus resisting the epidemic prevention and control measures, intentionally spreading the pathogen of the new coronavirus pneumonia, endangering the safety of the public ****, with one of the following circumstances: (1) has been diagnosed as a patient of the new coronavirus pneumonia, the pathogen carrier, refused to isolate the treatment or isolation period has not yet expired unauthorized out of the isolation treatment, and (2) a suspected patient of new coronavirus pneumonia who refuses isolation treatment or is released from isolation treatment without authorization before the expiration of the isolation period, and enters a public **** place or a public **** transportation vehicle, causing the spread of the new coronavirus, may be suspected of endangering the crime of endangering the safety of the public **** by a dangerous method, and will be convicted and punished in accordance with the provisions of Articles 114 and 115 of the Penal Code. The first paragraph of the provisions of the Criminal Law will be convicted and punished.
20. The production of medical masks, goggles, protective clothing and other medical equipment does not meet the national standards for the protection of human health, industry standards, by the market supervision and management departments to be administrative penalties. Serious circumstances may be suspected of violating the provisions of Article 145 of the Criminal Law, will be convicted of the production and sale of medical equipment does not meet the standard, according to the law, the heavier punishment.
21. Violating the relevant provisions of the state, inflate the price of epidemic prevention and control of urgently needed masks or other items related to people's livelihood, profiteering, the amount of illegal income is larger or there are other serious circumstances, seriously disrupting the market order, may be suspected of violating the provisions of Article 225 of the Criminal Law, with other serious disruptions of market order Illegal business behavior, constitute illegal business crime.
22. During the period of epidemic prevention and control, fabrication of false epidemic information, spread on the network and other public occasions, or knowingly helping to spread and disseminate false information, suspected of violating the "People's Republic of China *** and the State Emergency Response Law", Article 65, will be sentenced to order correction, given a warning; causing serious consequences, will be suspended according to the law business activities or revocation of the license to practice. Suspected of violating Article 25 of the Law on Punishment for Public Security Administration, shall be sentenced to detention of not less than 5 days and not more than 10 days, and may be fined not more than 500 yuan; in less serious cases, shall be sentenced to detention of not more than 5 days or a fine of not more than 500 yuan. Serious disruption of social order, may be suspected of violating the Criminal Law, Article 291 one, constituting the crime of fabrication and intentional dissemination of false information.
Links to related laws
1. Article 23 of the Law on Punishment for Public Security Administration
Anyone who commits any of the following acts shall be given a warning or a fine of not more than 200 yuan; and if the circumstances are more serious, the person shall be sentenced to detention of not less than 5 but not more than 10 days, and may be sentenced to not more than 500 yuan in addition. Fines:
(1) Disturbing the order of institutions, organizations, enterprises or institutions, so that work, production, business, medical care, teaching and scientific research cannot be carried out normally, and has not yet caused serious damage;
(2) Disturbing the order of stations, ports, wharves, airports, shopping malls, parks, exhibition halls, or other places of public ****;
(3) Disturbing the order of buses, trolleys, trains, ships, boats or other public ****;
(3) Disturbing the order of public **** automobiles, trams, trains, ships, aircrafts or other public **** transportation;
(4) unlawfully stopping or forcibly boarding or pickpocketing a motor vehicle, ship, aircraft or other means of transportation, thus affecting the normal movement of the means of transportation;
(5) disrupting the order of an election conducted in accordance with the law.
Whoever gathers a crowd to commit the acts in the preceding paragraph shall be sentenced to a detention of not less than 10 days and not more than 15 days and may be fined not more than 1,000 yuan.
2. Article 25 of the Law on Punishments for Public Security Administration
Anyone who commits any of the following acts shall be sentenced to detention of not less than five nor more than ten days, and may be fined not more than 500 yuan; if the circumstances are less serious, the person shall be sentenced to detention of not more than five days or a fine of not more than 500 yuan:
(1) spreading rumors, falsely reporting a dangerous situation, an epidemic, or a police situation or other methods to intentionally disturb the public **** order;
(b) put false explosive, toxic, radioactive, corrosive substances or infectious disease pathogens and other dangerous substances to disturb the public **** order;
(c) threatened to carry out a fire, explosion, the release of hazardous substances to disturb the public **** order.
3. Article 50 of the Law on Punishments for Public Security Administration
Anyone who commits any of the following acts shall be given a warning or fined not more than two hundred yuan; if the circumstances are serious, the person shall be sentenced to detention of not less than five and not more than ten days, and may be fined not more than five hundred yuan:
(1) refusing to carry out the decisions, orders or orders of the People's Government issued by the Government according to law under the state of emergency;
(2) obstructing a staff member of a state organ from carrying out his duties in accordance with the law;
(3) obstructing the passage of a fire engine, ambulance, engineering emergency vehicle, police car or other vehicle carrying out an emergency task;
(4) forcibly breaking through the cordon belt or cordoned-off area set up by the public security organs.
If a person obstructs the people's police in the performance of their duties in accordance with the law, he shall be punished more severely.
4. "Emergency Regulations on Public **** Health Emergencies" Article 51
In the work of emergency response to emergencies, the relevant units and individuals do not fulfill their reporting responsibilities in accordance with the provisions of these regulations, concealment, delayed reporting or false reporting, obstructing emergency response to emergencies in the performance of their duties, refusing the State Council health administrative department or other relevant departments designated professional competent department of the State Council or other relevant departments designated by the professional and technical institutions to enter the scene of the emergency, or do not cooperate with the investigation, sampling, technical analysis and testing, the responsible personnel shall be given administrative or disciplinary action according to law; violation of the "Chinese People's Republic of China *** and the State Public Security Administration Punishments Act", constituting a violation of public security administration, shall be punished by the public security organs according to law; constitutes a crime, shall be investigated for criminal responsibility. Criminal responsibility.
5. Article 39 of the Law of the People's Republic of China on the Prevention and Control of Infectious Diseases
Medical institutions shall take the following measures in a timely manner upon discovery of Category A infectious diseases:
(1) isolate and treat the patients and carriers of the pathogens, and the period of isolation shall be determined according to the results of the medical examination;
(2) isolate the suspected patients and the confirmed patients, and the duration of the isolation period shall be determined according to the results of the medical examination. ) for suspected patients, before confirmation of diagnosis in a designated place of separate isolation for treatment;
(c) for patients, carriers of pathogens, close contacts of suspected patients in medical institutions, in designated places for medical observation and take other necessary preventive measures.
Refusal of isolation treatment or isolation period has not expired without authorization from the isolation treatment, the public security organs can assist the medical institutions to take compulsory isolation treatment measures.
Medical institutions to find patients with infectious diseases of category B or C, should be based on the condition of the necessary treatment and control of transmission measures.
Medical institutions of the unit contaminated by infectious disease pathogens in the premises, objects and medical waste, must be implemented in accordance with the provisions of laws and regulations of disinfection and harmless disposal.
6. Article 65 of the Emergency Response Law of the People's Republic of China
Violation of the provisions of this Law, fabrication and dissemination of false information on the development of emergencies or emergency response work, or dissemination of false information on the development of emergencies or emergency response work in full knowledge of such information, shall be ordered to Correct, give a warning; cause serious consequences, according to law, suspend its business activities or revoke its license to practice; bear direct responsibility for the person is a state employee, but also shall be given sanctions according to law; constitute a violation of public order management, by the public security organs shall be punished according to law.
7. Article 114 of the Criminal Law
Anyone who commits arson, drowning, explosion, as well as the release of poisonous, radioactive, infectious disease pathogens and other substances, or endangers the safety of the public **** by other dangerous methods, and has not yet caused any serious consequences, shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years.
8. Article 115 of the Criminal Law
Anyone who sets fire, drowning, explosion, or releases poisonous, radioactive, or infectious disease pathogens, or causes serious injury or death to a person or suffers major damage to public or private property by other dangerous methods shall be sentenced to not less than ten years of fixed-term imprisonment, life imprisonment, or the death penalty.
9. Article 145 of the Criminal Law
Producing medical devices or medical sanitary materials that do not meet the national or industrial standards for the protection of human health, or selling medical devices or medical sanitary materials that are known to be not in compliance with the national or industrial standards for the protection of human health, and are sufficient to seriously jeopardize human health, shall be sentenced to Three years of fixed-term imprisonment or detention, and impose a fine of more than fifty percent of the sales amount or less than two times the amount; cause serious harm to human health, shall be sentenced to more than three years to less than ten years of fixed-term imprisonment, and impose a fine of more than fifty percent of the sales amount or less than two times the amount; the consequences are particularly serious, shall be sentenced to more than ten years of fixed-term imprisonment or life imprisonment and impose a fine of more than fifty percent of the sales amount or less than two times the amount or confiscation of property.
10. Article 225 of the Criminal Law
If a person violates the state regulations and engages in one of the following illegal business practices, disrupting the market order, and the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall be punished by concurrently or singly imposing a fine of not less than double and not more than five times the illegal proceeds; and if the circumstances are particularly serious, he shall be sentenced to not less than five years' fixed-term imprisonment. And shall also be sentenced to a fine of not less than one and not more than five times the illegal income or confiscation of property:
(1) operating without authorization the monopoly, exclusive goods or other items restricted from trading as stipulated by laws and administrative regulations;
(2) buying and selling import and export licenses, certificates of import and export origin as well as other licenses or approval documents for business as stipulated by laws and administrative regulations;
(C) illegal operation of securities, futures, insurance business without the approval of the relevant state authorities, or illegally engaged in the funds payment and settlement business;
(D) other serious disruption of the market order of illegal business practices.
11. Article 277 of the Criminal Law
If a person obstructs a staff member of a state organ in the performance of his duties in accordance with the law by means of violence or threat, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, control or a fine.
Whoever by means of violence or threat obstructs deputies to the National People's Congress and local people's congresses at all levels in the performance of their duties as deputies in accordance with law shall be punished in accordance with the provisions of the preceding paragraph.
Whoever, in natural disasters and emergencies, by means of violence or threats, obstructs Red Cross workers in the performance of their duties in accordance with law shall be punished in accordance with the provisions of the first paragraph.
Whoever intentionally obstructs a State security organ or a public security organ in the performance of State security work in accordance with law, without resorting to violence or threatening methods and causing serious consequences, shall be punished in accordance with the provisions of the first paragraph.
Whoever violently attacks a people's police officer who is carrying out his duties in accordance with the law shall be sentenced to fixed-term imprisonment of not more than three years, detention or control; and whoever seriously jeopardizes his personal safety by using firearms or control knives or by driving a motor vehicle against him shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years.
12. Article 291-1 of the Criminal Law
Whoever drops false explosive, poisonous, radioactive or infectious disease pathogen substances, or fabricates terrorist information such as explosive threat, biochemical threat, radioactive threat, or whoever knowingly spreads fabricated terrorist information, thereby seriously disturbing the social order, shall be sentenced to imprisonment of not less than five years or detention or control. fixed-term imprisonment, criminal detention or control for not more than five years; if serious consequences are caused, the penalty shall be fixed-term imprisonment for not less than five years.
Whoever fabricates false danger, epidemic, disaster or police information and disseminates it on the information network or other media, or whoever knowingly disseminates the said false information on the information network or other media, thereby seriously disturbing the social order, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or control; and whoever causes serious consequences shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
13. Article 330 of the Criminal Law
In violation of the provisions of the Law on the Prevention and Control of Infectious Diseases, if any of the following circumstances causes the spread of, or poses a serious danger of the spread of, a Category A infectious disease, or an infectious disease for which the adoption of preventive or control measures for a Category A infectious disease has been determined in accordance with the law, the offender shall be punished by fixed-term imprisonment of not more than three years, or by detention; and if the consequence is particularly serious. Shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years:
(1) Where the drinking water supplied by a water supply unit does not meet the hygiene standards prescribed by the state;
(2) Where a water supply unit refuses to disinfect sewage, filth, premises and articles contaminated by infectious disease pathogens in accordance with the hygiene requirements put forward by the disease prevention and control agency;
(3) Where a patient with an infectious disease is permitted or condoned, Pathogen carriers and suspected infectious disease patients to engage in the State Council administrative department of health regulations prohibit the work that is easy to spread the infectious disease;
(4) selling, transporting infected areas contaminated by infectious disease pathogens or may be contaminated by infectious disease pathogens, without disinfection;
(5) refusing to implement the people's governments at or above the county level, the disease prevention and control agencies in accordance with the Law on the Prevention and Control of Infectious Diseases proposed to prevent and control infectious diseases. Infectious Disease Prevention and Control Law proposed preventive and control measures . If a unit commits the crime in the preceding paragraph, the unit shall be sentenced to a fine, and its directly responsible supervisors and other directly responsible persons shall be punished in accordance with the provisions of the preceding paragraph.
The scope of Class A infectious diseases shall be determined in accordance with the Law of the People's Republic of China on Prevention and Control of Infectious Diseases and the relevant provisions of the State Council.
14. Article 338 of the Criminal Law
Whoever violates state regulations by discharging, dumping or disposing of radioactive wastes, wastes containing pathogens of infectious diseases, poisonous substances or other hazardous substances that seriously pollute the environment shall be sentenced to not more than three years' fixed-term imprisonment or detention, and shall be fined concurrently or singly; and where the circumstances are serious. shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and shall also be fined; if any of the following circumstances applies, he shall be sentenced to fixed-term imprisonment of not less than seven years and shall also be fined:
(1) discharging, dumping or disposing of wastes containing radioactivity, wastes containing pathogens of infectious diseases, or poisonous substances in the areas of protection of drinking water sources, the core protection zones of nature preservation sites and other areas of key protection as determined by the law, with the circumstances being particularly serious;
< p>(ii) discharging, dumping or disposing of radioactive wastes, wastes containing pathogens of infectious diseases or toxic substances into the important rivers and lakes identified by the state, where the situation is particularly serious;(iii) causing a large number of permanent basic farmlands to lose their basic functions or suffer permanent damage;
(iv) causing serious injuries or illnesses of many people, or causing serious disabilities or deaths of others. (d) causing serious injury, serious illness, or causing serious disability or death of a person.
If any of the acts in the preceding paragraph also constitutes other crimes, he or she shall be convicted and punished in accordance with the provisions of the heavier penalty.
Article 409 of the Criminal Law
Where a staff member of a government health administrative department engaged in the prevention and control of infectious diseases is grossly irresponsible and causes the spread or epidemic of an infectious disease under serious circumstances, he/she shall be sentenced to fixed-term imprisonment of not more than three years, or criminal detention.