Compiled from: Shenzhen Radio and Television First Scene
 
Case review
On the afternoon of May 25, Zhu Moumou, a resident of Beilian Village, Dashi Street, Panyu District, Guangzhou, visited her parents in a residential area of Baihedong Street, Liwan District (her parents were confirmed as COVID-19 cases on May 30). After developing symptoms of cough and fever, Zhu sought medical treatment on June 2 and June 4 but failed to truthfully inform the doctor of her travel history within the past 14 days, concealing her contact with confirmed cases and her visit to high-risk areas. She was later diagnosed with COVID-19. Before being placed under quarantine on June 6, her activities had involved public places such as hospitals and sports venues within Dashi Street, Panyu District, leading to multiple close contacts and secondary close contacts requiring quarantine observation or home isolation, posing a serious risk of COVID-19 transmission.

 

Zhu Moumou's actions failed to comply with the epidemic prevention measures of Notice No. 6 of the Panyu District COVID-19 Epidemic Prevention and Control Headquarters in Guangzhou, as he did not report to the local village (neighborhood) committee or accept the health management measures of the Dashi Town Three-Person Team; when seeking medical treatment on June 2 and June 4 due to symptoms such as cough and fever, he failed to follow the epidemic prevention measures of Notice No. 9 of the Guangzhou COVID-19 Epidemic Prevention and Control Headquarters, did not truthfully fill out the "Epidemiological History Survey Questionnaire for COVID-19 Infection," and did not honestly inform the doctor of his travel history within the past 14 days. Currently, Zhu Moumou has been criminally detained by the public security authorities on suspicion of impairing infectious disease prevention and control.
 
 
"Criminal Law of the People's Republic of China"
Article 330 [Crime of Impairing Infectious Disease Prevention and Control]
Violating the provisions of the Law on the Prevention and Control of Infectious Diseases, under any of the following circumstances, causing the spread of Class A infectious diseases and infectious diseases for which Class A prevention and control measures are legally determined, 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, the sentence shall be fixed-term imprisonment of not less than three years but not more than seven years:
 
(1) The drinking water supplied by water supply units does not meet the hygiene standards prescribed by the state;
 
(2) Refusing to carry out disinfection treatment of sewage, waste, premises, and items contaminated by infectious disease pathogens in accordance with the hygiene requirements proposed by disease prevention and control institutions;
 
(3) Permitting or conniving infectious disease patients, pathogen carriers, and suspected infectious disease patients to engage in work that the health administrative department of the State Council has stipulated is prohibited as it is likely to facilitate the spread of the infectious disease;
 
(4) Selling or transporting items from epidemic areas that are contaminated or likely contaminated by infectious disease pathogens without disinfection;
 
(5) Refusing to implement the prevention and control measures proposed by people's governments at or above the county level or disease prevention and control institutions in accordance with the Law on the Prevention and Control 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.

 

 
[1] The author's perspective
Recently, a wave of epidemics has hit Guangdong Province, with frequent cases reported in Guangzhou and Shenzhen. Since last year, there have been multiple cases where individuals were criminally detained for concealing travel history and illness, suspected of the crime of impairing infectious disease prevention. Regarding epidemic prevention and control, China not only issued the "Opinions on Legally Punishing Illegal and Criminal Acts Hindering the Prevention and Control of COVID-19" jointly by the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Justice in February 2020, but also explicitly included the act of "refusing to implement the prevention and control measures lawfully proposed by people's governments at or above the county level or disease prevention and control institutions" as one of the specific manifestations of the crime of impairing infectious disease prevention in this year's "Criminal Law Amendment (XI)".
 
It is evident that during this critical time, everyone has the legal responsibility and obligation to cooperate with the epidemic prevention and control efforts of local governments and relevant departments at all levels. Those who fail to comply with relevant prevention and control regulations, impair infectious disease prevention, and cause the spread of the novel coronavirus or pose a serious risk of transmission should be legally punished.