Two institutions in Shenzhen placed under investigation; epidemic prevention and control must not be relaxed.

📅 2022-02-28 📂 Zhiming Hot Comments Zhiming Hot Comments 🏷️ #Criminal Law #Nucleic Acid #Public Security Administration Punishment Regulations #Shenzhen Epidemic Prevention #Epidemic Prevention and Control

Compiled from: First Scene
 
Case review
On the morning of February 27, Shenzhen held a press conference on the epidemic, reporting that two institutions were placed on file for not checking nucleic acid test certificates and not urging people to wear masks in elevators.

 
 

The first is a certain dental clinic in Luohu. It was found that the clinic did not verify patients' nucleic acid test records as required when receiving patients, violating epidemic prevention regulations. Currently, Luohu District has filed a case against the institution in accordance with relevant epidemic prevention regulations, and will investigate and handle it strictly according to law. If it is suspected of a crime, it will be transferred to the Luohu Public Security Sub-bureau for investigation.
 
The second is Rongchao Property Management Company in Futian District. During an inspection in Futian District, it was found that the 49-year-old confirmed COVID-19 case Zeng, when going to work at Rongchao Business Center Building B, repeatedly did not wear a mask while taking the elevator. The building's management unit, Rongchao Property Management Company, failed to fulfill its main responsibility for epidemic prevention and control, did not stop or correct Zeng's behavior, leading to multiple elevator passengers facing the risk of virus infection. Currently, Futian District has filed a case against Rongchao Property Management Company in accordance with relevant epidemic prevention regulations, and is investigating Zeng, who is suspected of violating the Law on the Prevention and Treatment of Infectious Diseases.

 
 

 
"Criminal Law of the People's Republic of China"
Article 330 [Crime of Impairing Infectious Disease Prevention]
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, places, and items contaminated by pathogens of infectious diseases 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.
 
 
Public Security Administration Punishments Law of the People's Republic of China
Article 50
Whoever commits any of the following acts shall be given a warning or a fine of not more than 200 yuan; if the circumstances are serious, he shall be detained for not less than 5 days but not more than 10 days, and may also be fined not more than 500 yuan:
(1) Refusing to implement decisions or orders lawfully issued by the people's government in a state of emergency;
(2) Obstructing a state organ functionary from lawfully performing his duties;
(3) Obstructing the passage of fire engines, ambulances, engineering rescue vehicles, police cars, or other vehicles on emergency missions;
(4) Forcibly breaking through security cordons or warning zones set up by public security organs.
Whoever obstructs a people's policeman from lawfully performing his duties shall be given a heavier penalty.

 
 

 
[1] The author's perspective
Although the epidemic is still ongoing, many individuals and organizations have begun to let their guard down. For example, some people no longer wear masks in public places, and certain venues fail to carry out proper disinfection and inspections as required, mistakenly believing the epidemic is far away, unaware that a single misstep could bring disaster upon themselves.
 
The two institutions that have been placed on file for investigation this time serve as a wake-up call for everyone. The current epidemic prevention and control efforts are at a critical stage. Whether it is a group or an individual, everyone must strictly adhere to the relevant regulations, fulfill their own responsibilities, and jointly build a strong defense line against the epidemic. No one should allow themselves to become a weak link in the fight, as this concerns not only the lives of each of us but also the stability of the nation and society. Government departments should strengthen supervision and management, and deal with any violations of laws and regulations with strict measures.

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