[1] The epidemic should not be taken lightly; take good personal prevention and control measures.
Compiled from: Jufa
Case review
[3] Li Mou had been living and working in the United States with her family for a long time. In early March 2020, Li developed symptoms such as fever and fatigue, and visited local hospitals multiple times without improvement. During this period, a colleague of Li was diagnosed with COVID-19. On March 11 (all times local), when Li sought medical treatment again, the hospital conducted a nucleic acid test for the novel coronavirus. Before the test results came out, Li decided to return to China for treatment. Subsequently, Li and her family flew from Boston, USA, via Los Angeles, and took Air China flight CA988 back to China. To board smoothly, Li took antipyretics to lower her body temperature before boarding and passed the temperature check. After boarding, when the flight required passengers to voluntarily report symptoms such as fever, Li did not report and did not truthfully answer the crew's inquiries regarding epidemic prevention and control. On March 13, Li and her family arrived at Beijing Capital Airport. Li was diagnosed with COVID-19 that same day, and 63 of her close contacts were placed under quarantine. Li was later apprehended.
《Criminal Law of the People's Republic of China》
[4] Article 330 [Crime of Impairing Infectious Disease Prevention] Whoever violates the provisions of the Law on the Prevention and Treatment of Infectious Diseases, under any of the following circumstances, causing the spread of a Class A infectious disease or posing a serious risk of such spread, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the consequences are especially serious, to fixed-term imprisonment of not less than three years but not more than seven years:
[5] (1) The drinking water supplied by water supply units fails to meet the hygiene standards prescribed by the state;
[6] (2) Refusing to disinfect sewage, waste, or feces contaminated by the pathogens of infectious diseases in accordance with the hygiene requirements proposed by the health and epidemic prevention agencies;
(3) Permitting or allowing infectious disease patients, pathogen carriers, and suspected infectious disease patients to engage in work that the health administration department of the State Council has stipulated as prohibited because it is likely to facilitate the spread of the infectious disease;
(4) Refusing to implement the prevention and control measures proposed by health and epidemic prevention agencies in accordance with the Law on the Prevention and Treatment of Infectious Diseases.
If a unit commits the crime in the preceding paragraph, the unit shall be fined, and the directly responsible supervisors and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.
The scope of Class A infectious diseases is determined in accordance with the Law of the People's Republic of China on the Prevention and Control of Infectious Diseases and relevant regulations of the State Council.
Court judgment
The defendant, Li Mou, was convicted of the crime of impairing the prevention and treatment of infectious diseases and sentenced to one year of imprisonment, suspended for one year.
[1] The author's perspective
At a time when the epidemic is raging, the entire nation is making every effort to fight it. I still remember this time last year, when people lived under a gray shadow of terror every day. Later, through hard work, the epidemic was brought under control, and people's lives gradually returned to normal. However, since then, there have been repeated reports of malicious incidents across the country where infected patients deliberately concealed their conditions, leading to group infections. This is no longer just a personal act but a crime.
During the rampant epidemic, every individual could become an innocent victim. Every citizen should comply with the relevant regulations for epidemic prevention and control, truthfully fill out health declaration forms, and cooperate with epidemic prevention workers. This is also a duty that every citizen must fulfill during this special period of epidemic prevention and control. Some people, due to ignorance of the epidemic or a fluke mentality toward the law, have intentionally or unintentionally become accomplices of the virus and perpetrators of crimes. Therefore, fighting the epidemic together requires not only our individual efforts but also legal support. Criminal crackdowns must be swift, precise, and severe, while also being lawful and reasonable.