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The input outside combining the Ministry of Public Security to release experience condition epidemic situation defends highest be careful in one's conduct accuse typical case, among them, some company service sends Henan personnel Guo Mou roc, conceal leave the country history cause 40 much people to be kept apart to observe. On April 3, by sentence a set term of imprisonment in order to be suspected of blame of obstructive contagion prevention and cure one year 6 months, guo Mou roc expresses to admit one's guilt admit punish.
Top people procuratorate, the Ministry of Public SecurityPunish lawfully the input outside experience condition epidemic situation is prevented accuse typical case(mechanism of countrywide procuratorial work deals with experience new coronal lawfully case of model of pneumonic epidemic situation the 8th batch)
(mechanism of countrywide procuratorial work deals with experience new coronal lawfully case of model of pneumonic epidemic situation the 8th batch)
Current, domestic and international epidemic situation is prevented accuse the major change with phasic new happening, the epidemic situation outside the condition is shown diffuse quickly spread posture, our country epidemic situation inputs pressure to increase continuously. The Party Central Committee asks because of answering domestic and international epidemic situation is prevented accuse new condition, epidemic situation of seasonable perfect our country is prevented accuse strategy and answer measure, put the emphasis in " outside prevent an input, inside prevent rebound " come up, maintain our country epidemic situation to prevent accuse a situation to last to good posture. This asks we execute the law judiciary must firm establish a country door safety consciousness, execute the law strictly, earnest judicatory, punish lawfully the illegal criminality such as prevention and cure of quarantine of obstructive territory sanitation, obstructive contagion, build defense line of quarantine of firm territory sanitation, safety of safeguard people life and healthy, safeguard communal and wholesome safety and society public interest. The input outside handling experience situation lawfully to strengthen pair of procuratorial work mechanism, public security mechanism epidemic situation prevents the guidance that accuses illegal crime case, and consciousness of educational guiding people abides by discrepancy condition quarantine and epidemic situation to prevent the concerned law that accuse to set, awe violates criminality, top people procuratorate, the Ministry of Public Security is made up jointly sent punish lawfully the input outside experience condition epidemic situation defends 3 typical case that accuse.
Prevent about the input outside experience condition epidemic situation accuse criminal case, blame of prevention and cure of the pain of quarantine of obstructive territory sanitation that basically involves provision of our country criminal law, obstructive contagion 2 accusation. Up to on April 1, mechanism of countrywide public security investigates and deal with sb this kind of case is close 200, among them, major plot is smaller made administrative punishment; The clue is heavier, give criminal put on record is investigated, the criminal that start is chased after appeal to.
One, case of quarantine of obstructive territory sanitation
[legal argument] basis " criminal law of People's Republic of China " the 332nd regulation, violate regulation of territory sanitation quarantine, cause quarantine to contagion travels or have those who spread serious risk, make crime of quarantine of obstructive territory sanitation, be in 3 years of the following set term of imprisonments or arrest battle, be in gold of only perhaps punishment. On March 16, total office of procuratorate of top people court, top people, the Ministry of Public Security, judiciary, customs is released jointly " about strengthening territory sanitation further quarantine job punishs lawfully the opinion that quarantine of obstructive territory sanitation violates crime " , right the following 6 kinds of behavior with obstructive territory sanitation quarantine blame chases after appeal to: It is quarantine contagion catchs epidemic disease person to perhaps catch epidemic disease suspect to reject to carry out the health that the legal laws and regulations such as law of quarantine of sanitation of territory of custom according to puts forward to declare, temperature is monitored, platoon of investigation of medical go on a tour of inspection, epidemiology, medicine is checked, the wholesome quarantine measure such as sampling, perhaps keep apart, take test of check, examine of on the spot, turn the sanitation such as examine handles measure; 2 it is quarantine contagion catchs epidemic disease person to perhaps catch epidemic disease suspect to adopt declare as health of solid fill in a form and submit it to the leadership the means such as card conceals epidemic situation, perhaps forge, the means such as alter quarantine sheet, card forges a clue; 3 it is to know to perhaps ought to know to carry out the special article such as the organization of microbial, human body that examines and approve management, biological product, blood and its goods to may cause quarantine contagion transmission, still escape quarantine without examining and approve, carry movement, send those who give discrepancy place; 4 it is discrepancy condition the discovery on vehicle has quarantine contagion to catch epidemic disease person to perhaps catch epidemic disease suspect, vehicle controller rejects to accept wholesome quarantine or refus does not accept wholesome processing; 5 it is the discrepancy condition that comes from country of quarantine contagion popularity, area blame accident appears to harm death on vehicle and the personnel with unidentified cause of death, vehicle controller conceals a condition intentionally; 6 it is other reject to implement the quarantine measure that the legal laws and regulations such as law of quarantine of sanitation of territory of custom according to offers.
Case one: Man of Ningxia Hui Autonomous Region is such-and-such be suspected of case of quarantine of obstructive territory sanitation
Guilty suspicion population is such-and-such, male, was born in July 1996, the Ningxia Hui Autonomous Region some county person. Before epidemic situation happening, man is such-and-such in city of Iranian library Mu university of law of Mu Si tower learns a language. On Feburary 19, 2020 13 when 30 minutes (local time, similarly hereinafter) , man is such-and-such take SU513 scheduled flight from Iranian airport at 17 when reach Muscovite airport, adorn during N95 guaze mask. The capsule guesthouse around Muscovite airport stays 16 hours. On Feburary 20 9 when, man is such-and-such take SU206 scheduled flight from Muscovite airport at 23 when arrive at Shanghai Pudong International Airport 05 minutes. The taxi is taken to arrive at some hotel to be entered after giving the airport. On Feburary 22 18 when 36 minutes, man is such-and-such take Z216 from Shanghai railway station second train, at 23 days 17 when reach Lanzhou railway station 20 minutes. On Feburary 23 20 when, man is such-and-such take K9664 from Lanzhou second train on Feburary 24 1 when reach halfback railway station 19 minutes, prevent according to halfback city epidemic situation accuse to set, be sent to segregation of halfback big public house. The epidemiology findings report with the Ningxia Hui Autonomous Region and such-and-such to man center of control of precaution of halfback city disease and record of concerned medical treatment all show, according to fourth such-and-such an account in one's own words, when its set out from Iran on Feburary 19 afternoon, feel lack of power oneself, Wei is cold; 20 days of accentuation, occurrence discontinuity calorific, cough, expectoration, cough is shown clonic. And its fill in at entering a country in Shanghai on Feburary 20 " enter a country health declares card " when, did not declare according to the facts, conceal oneself to already appeared cough, lack of power wait for a symptom, cause Shanghai custom to fail to adopt a canal in time to accuse measure when its enter a country. On Feburary 26, via detecting man is such-and-such be by diagnose new coronal is pneumonic patient. As a result of Ding Mou some disobeys regulation of territory sanitation quarantine to conceal an illness, after entering a country, came on Feburary 20 during Feburary 24, take public traffic tool, inconsistency for many times again public, cause new coronal pneumonic virus spreads serious risk, caused and other places of Shanghai, Lanzhou, halfback in all more than 200 person that contact closely is segregate serious consequence.
On March 14, some county public security bureau is opposite with be suspected of blame of quarantine of obstructive territory sanitation some put on record investigates guilty suspect Ding Mou. On March 18, this county public security bureau listens to prefectural procuratorate actively to suggest to gathering the opinion that perfects evidence to put forward. On March 31, public security mechanism is such-and-such to man adopt coercive measures of await trial of be bailed out, at present Ding Mou keeps apart observation period after somewhere Yu Yu. Next, the judiciary will give lawfully chase after appeal to.
2, case of obstructive contagion prevention and cure
[legal argument] the regulation that violates law of contagion prevention and cure, reject to carry out what law of prevention and cure of contagion of according to of orgnaization of wholesome epidemic prevention puts forward to prevent accuse measure, it is serious and dangerous to cause new-style coronal shape to virus travels or have transmission, combine print and distribute according to procuratorate of court of top on Feburary 6 people, top people, the Ministry of Public Security, judiciary " about punishing lawfully virus of shape of obstructive and new-style coronal affects pneumonic epidemic situation to prevent the opinion that dominates illegal crime " , do not accord with criminal law the 114th, of the 115th the first section provision, according to criminal law the 330th regulation, with obstructive contagion blame of prevention and cure convictions punishment.
Case 2: Henan saves Guo Mou roc case of obstructive contagion prevention and cure
Guo Mou of the accused person roc, male, was born in July 1990, some company service sends personnel, stay in Zhengzhou city 27 areas. On Feburary 29, 2020, guo Mou roc reachs Beijing by train from Zhengzhou; On March 1, plunge into via cloth of A of A couplet chief of a tribe by plane from Beijing capital airport than change trains, reached airport of Sa of Italian Milan Peng on March 2; On March 3, arrive at French Paris from Italian Milan by plane; On March 4, return Italian Milan from French Paris by plane; On March 6, plunge into from cloth of A of Italian Milan change trains by plane than, reached Beijing capital airport on March 7; That day afternoon, take the train to return Zhengzhou, in returning the home. On March 8, two days took the subway to reach the designated position to the unit of Zheng Dongxin area goes to work and be in at Zhengzhou city on March 9 unit repast, next taking the subway comes home. After coming off work on March 9, guo Mou roc appears calorific, pharynx is painful wait for a symptom, come by oneself the big chemist's shop of thousand happiness hall near Central Plains road and mouth of university road across buys drug, after coming home on foot, take. That evening, after Ling of its mother Guo Mou is informed Guo Mou roc to have a fever, boil made arhat fruit and licorice give Guo Mou roc to drink.
On March 6, city of Henan province Zhengzhou is released " pneumonic epidemic situation prevents Zhengzhou city new hat accuse the 21st to lead group office announce " , the member that set to Zheng Ren is entered outside the condition is fulfilled strictly " segregation observes " and " declare according to the facts " measure. On March 10 8 when make, policeman of substation of road of university of Zhengzhou city public security bureau discovers situation of situation of discrepancy of existence of near future of Guo Mou roc in the job, phone Guo Mou roc to check, guo Wei picks up the telephone. Telephone of Ling of its mother Guo Mou is dialed after, guo Mou Ling denies Guo Mou roc to have been to abroad. Dial phone of Guo Mou Ling to ask Guo Mou roc leaves a floor again after that. Big data is informed clearly to show its had gone after abroad in public security policeman, guo Mou roc admits to had had leave the country history. Investigating, after checking contrail of its discrepancy condition, guo Mou roc is sent to 27 areas to keep apart a dot to have observation centrally, be by diagnose subsequently new coronal is pneumonic. Classics platoon is checked after, with more than 40 personnel that Guo Mou roc contacts closely already all was kept apart to observe.
On March 11, substation of road of university of Zhengzhou city public security bureau is right Ling of Guo Mou roc, Guo Mou prevents and cure with be suspected of obstructive contagion put on record investigates the crime. Substation of road of university of Zhengzhou city public security bureau listens to the opinion of 27 division people procuratorates of Zhengzhou city actively to suggest. On March 27, guo Mou roc is adopted to monitor living coercive measures. On March 30, substation of road of university of Zhengzhou city public security bureau is investigated terminative, move this case send examine sue. 27 division people procuratorates of Zhengzhou city think via examining, this case fact is clear, evidence is really sufficient, to Zhengzhou city to sue of court of 27 divisions people, put forward a set term of imprisonment one year the proposal of measurement of penalty of 6 months. On April 3, forensic classics is tried, accept proposal of measurement of penalty of procuratorial work mechanism, sentence Guo Mou roc set term of imprisonment a year 6 months, guo Mou roc expresses to admit one's guilt admit punish.
Case 3: Moustache of the Gansu Province is such-and-such be suspected of case of obstructive contagion prevention and cure
Guilty suspect Hu Mou some, male, was born in January 1995, went to Egypt to study abroad 2015, love endowment breaths out ministry of Er college high school (preparatory) study language. After new coronal epidemic situation erupts, the Gansu Province faces Xia Zhou to was released on January 26, 2020 " the couplet of joint defence of pneumonic epidemic situation that faces infection of virus of summerly city new hat accuses announcement of working lash-up headquarters (the 2nd) " , stipulate all and provincial advent is returned clearly face personnel to must perform legal obligation and duty, entrust a family member actively or kiss friend to reach living ground village appoint meeting, house appoint can register a newspaper to have, be in announcement content announcement of residential area paste. On March 6 18 when 50 minutes (local time, similarly hereinafter) , moustache is such-and-such take A couplet chief of a tribe from Egypt Caire airport airline EK9244 airliner, arrived at A couplet chief of a tribe 0:25 on March 7 enlighten do obeisance to; Turned 3:20 on March 7 chief of a tribe of the couplet that multiply A airline EK306 airliner, on March 7 16 when arrive at Beijing; On March 8 13 when, in seizing the opportunity to arrive at Lanzhou plain the airport. Its father drives Hu Mou some is received time be located in the Gansu Province to face Xia Zhou in some county home (there are 5 family members in the home) , inform Hu Mou some should undertake keeping apart according to the regulation. But moustache is such-and-such did not comply with the advice of its father, did not register cable equipment, also did not undertake keeping apart. Came 12 days on March 8, some follows Hu Mou to go out accidentally shop, visit relative, take wife Ma Mou at driving on March 10 some goes to courtyard of health care of women and children of the Gansu Province to do produce check. On March 10, mechanism of prefectural public security Hu Mou some answers situation situation to report headquarters of prefectural epidemic prevention from abroad. On March 11, face headquarters of summerly city epidemic prevention to release epidemic situation to prevent accuse 9 announcement, ask " personnel comes to wait for healthy circumstance information outside all conditions to villages and towns, community, report, cooperate relevant unit epidemic situation actively to prevent control the job. " on March 12, this county closes hospital working personnel in introduced from the northern and western nationalities or from abroad such-and-such home to undertake to its the body is checked, extend inform a book, put forward clearly to must reside a segregation to must not go out, temperature of daily report detects the requirement of the circumstance, moustache is such-and-such conceal oneself from Egypt, enlighten do obeisance to the fact that enter a country, pretend oneself return to did not come in and go out from Beijing condition, did not carry out the requirement of the segregation that occupy the home, go to farther-in-law home early or late, attend classmate wedding, visit a grave to cherish the memory of the dead to wait. On March 13, moustache is such-and-such be centered to keep apart. On March 14, diagnose has new hat pneumonic. The villages and towns that because of Hu Mou some and its relative were not in to living ground, village (community) undertake declaring having registering, nonobservance keeps apart a regulation, conceal intentionally from the fact that returns outside the condition, bring about 45 people to be decided to nod segregation, 88 people to be kept apart by house home.
On March 16, some county public security bureau is such-and-such to moustache with be suspected of blame of obstructive contagion prevention and cure put on record is investigated, listen to prefectural procuratorate actively to obtain evidence to case evidence opinion proposal. Recently, public security mechanism is such-and-such to moustache adopt surveillant living coercive measures. Current, some already cured Hu Mou leave hospital, prevent according to epidemic situation control a demand, place keeps apart observation centrally now. Next, the judiciary will give lawfully chase after appeal to.
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