How to judge the poisonous old lady in Yangzhou?

On July 29, Yangzhou Public Security Bureau informed that Mrs. Mao was criminally detained on suspicion of obstructing the prevention and treatment of infectious diseases.

Then, what kind of legal sanctions will be imposed on such behavior as Mrs. Mao? What kind of legal responsibility do you have to bear? According to legal and judicial interpretations, citizens or organizations that do not cooperate with health report and epidemic prevention management may bear relevant administrative, criminal and civil legal responsibilities. What kind of legal responsibility should be borne depends on the specific situation and the degree of harm.

The first category is administrative responsibility.

The first paragraph of Article 50 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment clearly stipulates: "Anyone who commits one of the following acts shall be given a warning or fined not more than 200 yuan; If the circumstances are serious, he shall be detained for not less than five days but not more than ten days, and may also be fined not more than 500 yuan: (1) refusing to implement the decisions and orders issued by the people's government according to law in an emergency. " That is to say, during the epidemic period, when the government starts a state of emergency, if it refuses to carry out the corresponding epidemic prevention orders, it will be detained for less than 10 and fined. In this case, if Mrs. Mao's behavior is just not worthy of confluence, or resists isolation measures, she will be subject to the above administrative punishment. Obviously, Mrs. Mao's behavior pattern has gone beyond the situation listed in the Law on Public Security Administration Punishment, and its harm degree is far higher than the scope of administrative cases.

The second category is criminal responsibility.

Failure to cooperate with epidemic prevention management, if the circumstances are serious, may also constitute the crime of obstructing the prevention and treatment of infectious diseases and the crime of obstructing public service.

Article 330 of the Criminal Law clearly stipulates: "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 with legally determined prevention and control measures, or is in serious danger of spreading, 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.

65438. On February 26th, 2020, the Criminal Law Amendment (XI) of People's Republic of China (PRC) was officially promulgated, which revised Article 330 of the crime of obstructing the prevention and control of infectious diseases, and made it clear that COVID-19 and other infectious diseases that were legally determined to take Class A infectious diseases management measures were within the scope of this crime.

On February 6, 2020, the Supreme Law, the Supreme People's Procuratorate, the Ministry of Public Security and the Ministry of Justice jointly formulated the Opinions on Punishing Crimes that Hinder the Prevention and Control of Infectious Diseases in novel coronavirus, which clearly stipulated: "Anyone who refuses to implement the prevention and control measures put forward by the health and epidemic prevention institutions in accordance with the Law on the Prevention and Control of Infectious Diseases, resulting in the spread or serious danger of spread in novel coronavirus, shall be convicted and punished for the crime of obstructing the prevention and control of infectious diseases in accordance with the provisions of Article 330 of the Criminal Law.

In this case, according to the existing report and the situation notified by the public security department, Ms. Mao may constitute a crime. Mrs. Mao refused to implement the epidemic prevention and control measures of the Nanjing Municipal People's Government, borrowed others' green codes, left the isolated residence, and went to the non-epidemic risk area, which became the first confirmed case in Yangzhou, causing others to be infected with COVID-19, which was in line with the characteristics of this crime. As for whether the consequences are particularly serious, the prison term is more than three years and less than seven years, but also depends on the final tracing results of the health department, and how many people directly caused COVID-19 because of Mrs. Mao's behavior, and the size of the losses caused to judge whether it belongs to the situation of "particularly serious consequences" in the criminal law.

If you don't cooperate with the epidemic prevention policy, obstructing epidemic prevention by violence during the epidemic period may also constitute a crime of obstructing official duties. Article 2 of the Opinions on Punishing Crimes against Epidemic Prevention and Control of Colleges and Universities of the Ministry of Education stipulates that: those who obstruct the staff of state organs by violence or threats (including those who are engaged in official duties in organizations that exercise the state's administrative functions and powers on epidemic prevention and control according to laws and regulations, and those who are entrusted by state organs to exercise their functions and powers on behalf of state organs, and those who are not included in the establishment of state organs but are engaged in official duties on epidemic prevention and control in state organs) shall be convicted of the crime of obstructing official duties in accordance with the provisions of paragraphs 1 and 3 of Article 277 of the Criminal Law.

The third category, civil liability.

Mrs. Mao concealed her itinerary, left the isolation point privately and refused to disclose her itinerary, which led to the spread of the epidemic in Yangzhou. According to her preliminary judgment, her behavior has constituted the crime of obstructing the prevention and treatment of infectious diseases. While accepting criminal punishment, it may also be necessary to bear criminal incidental civil liability.

Article 101 of the Criminal Procedure Law of People's Republic of China (PRC) clearly stipulates: "If the victim suffers material losses due to the defendant's criminal behavior, he has the right to bring an incidental civil action in the course of criminal proceedings. If the victim dies or loses his capacity for civil conduct, his legal representative and close relatives have the right to file an incidental civil action. If state property or collective property suffers losses, the people's procuratorate may bring an incidental civil action when it brings a public prosecution. " That is to say, the victim (that is, the victim infected with COVID-19 because of Mrs. Mao's criminal behavior) can file an incidental civil action in criminal proceedings when Mrs. Mao is investigated for criminal responsibility; Procuratorial organs can also claim civil compensation from Mrs. Mao on behalf of the state and the collective.

Of course, the victim can also choose to file civil compensation alone, without having to file civil compensation together in criminal proceedings. The specific legal basis for filing civil compensation is Article 77 of the Law of People's Republic of China (PRC) on the Prevention and Control of Infectious Diseases. This article stipulates: "Units and individuals that violate the provisions of this law, causing the spread and epidemic of infectious diseases and causing damage to others' lives and property shall bear civil liability according to law.