In order to effectively protect the health and safety of medical personnel and the people, maintain good medical order, and serve the overall situation of preventing and controlling the outbreak of the new coronavirus pneumonia epidemic, and in accordance with the Criminal Law of the People's Republic of China, the Law of the People's Republic of China on Public Security Administration Punishments, and other relevant laws, the following circulars have been issued. Notices are as follows:
I. Types of medical-related criminal acts
If the following acts of infringing on the safety of medical personnel and disrupting the medical order constitute a crime, they will be investigated for criminal responsibility according to the law; and if they constitute a violation of public security administration, they will be subject to punishment for public security administration according to the law:
Acting on, intentionally injuring, or intentionally killing a medical personnel;
Illegally restricting the personal freedom of medical personnel by means of violence, threats, etc.
Ilawfully restricting the personal freedom of medical personnel by violence, threat or other means, or openly insulting, intimidating or slandering medical personnel;
Tearing protective gear, spitting and other acts against medical personnel, which may lead to medical personnel being infected with the new coronavirus;
Refusing to accept or obstructing, by violence, threat or other means, the staff of health care institutions and other state organs from carrying out their duties according to law to prevent and combat the new coronavirus epidemic. Pneumonia epidemic and take epidemic prevention, quarantine, mandatory isolation, isolation and treatment and other preventive and control measures, or to prevent medical and health institutions in accordance with the law to dispose of the bodies of patients with infectious diseases;
Forced to take or intentionally damaged, occupied medical and health institutions of the property;
Set up a hearth in the health care institutions, placed wreaths, burning paper money, hanging banners, blocking the door, or uproar trouble, illegal parking of corpses, as well as other ways to disrupt the medical order, affecting the normal prevention and control of the epidemic;
new coronavirus pneumonia diagnosed patients or suspected patients in medical institutions refused to wear masks according to the requirements of the medical staff, or spit, spitting, and other ways to contaminate the floor of the health care institutions, walls, equipment and facilities, disrupting the normal order of medical care, endangering public health and safety. *** safety;
Illegal carrying of firearms, ammunition, control instruments or explosive, radioactive, poisonous or corrosive substances into medical and health care institutions;
Other violations of the safety of medical personnel and disruption of medical order.
Second, according to the law to crack down on the above illegal and criminal acts involving medical
Health and health administrative departments should guide the medical and health institutions to do a good job of emergency response plan, in the prevention and control of the new coronavirus pneumonia epidemic during the occurrence of the above circumstances, medical institutions should take decisive measures to maximize the protection of medical personnel and other patients safety, maintenance of medical order and timely reporting to the police, to help Do a good job of security.
The public security organs shall receive the alarm in a timely manner, rapid disposal; should be held criminally responsible, in accordance with the law and timely investigation, comprehensive and standardized collection and fixation of evidence.
The People's Procuratorate shall expeditiously review and approve arrests and prosecutions in the above cases that constitute crimes. The people's courts shall expedite the trial, and on the basis of a full investigation of the facts of the case, correctly apply the law, and accurately convict and sentence. Defendants who have committed crimes with despicable motives, bad circumstances, cruel means, deep subjective malice and great personal danger, or whose crimes have seriously jeopardized public ****security and have had a bad impact on society, shall be severely punished, and those who meet the conditions for a heavy sentence up to the death penalty shall be resolutely sentenced in accordance with the law.
This notice is hereby given.