What kind of legal punishment will they face if they intentionally conceal their itinerary and spread rumors about COVID-19?

2022-05-12 0 By

Recently, mianyang and Nanchong police in Sichuan province issued three police notices, which have attracted the attention of many netizens.On January 23, mianyang Fucheng District Branch of the Public Security Bureau issued a notice: Feng, who had arrived in Fucheng district from a medium-risk area outside the province, failed to report his health code to the community even though he knew it had changed to yellow and had been repeatedly reminded by relevant departments by text messages. He was sentenced to five days of administrative detention.Coincidentally, on January 29, the Public security Bureau of Pengan County in Nanchong city released news that A resident of Xiangru Street office surnamed Chen was punished by the Xiangru police station in accordance with the law for concealing his overseas travel history when he returned to Pengpeng to report to the community.On January 27, the Jiangyou public Security Bureau in Mianyang reported that a person had posted a message about the epidemic on wechat groups: “He or she borrowed other people’s health codes and travel codes to return home from high-risk areas for the Spring Festival.”After the police investigation, the aforementioned information for the party ou mou published false speech.Public security organs have made a ruling in accordance with the law, ou mou administrative detention 5 days of punishment.During the epidemic, what legal penalties will people face if they intentionally conceal their travel schedule and spread rumors related to the epidemic?To this end, on February 4, sichuan online reporters invited Chen Xiaobiao, associate professor of the Law School of Southwest University of Political Science and Law, and Zeng Wenzhong, director of the management committee of Sichuan Yingling Heshi Law Firm, to publicize the laws and regulations behind the three COVID-19 cases.Deliberately concealed travel generally are in administrative detention, if the circumstances are serious the highest may be sentenced to death “in general, intentionally hide trip will involve in violation of the law of the People’s Republic of China on public security punishment law, the law of the People’s Republic of China on the prevention and control of infectious diseases and the criminal law of the People’s Republic of China (hereinafter referred to as the law of punishing public security, the law on the prevention and control of infectious diseases, and” criminal law “) and other laws.”Ceng Wenzhong introduced, generally speaking, if the circumstances are relatively minor, the application of the law on Public Security Punishment.The Criminal Code applies only if the circumstances are serious and the consequences are serious.Zeng Wenzhong introduction, if the parties intentionally hide and led to the personal and property damage to others, may be suspected of violating the law on the prevention and control of infectious diseases article 12, the provisions of article seventy-seven of the: within the territory of the People’s Republic of China of all units and individuals that have to accept the disease prevention and control institutions and medical institutions related to infectious disease research, test, samples, isolation treatmentAnd other preventive and control measures, and truthfully provide relevant information;Where a unit or individual, in violation of the provisions of this Law, causes the spread or epidemic of an infectious disease and causes damage to the person or property of others, it shall bear civil liability according to law.In addition, in accordance with article 50 of the Law on Punishments for Public Security, those who refuse to implement the decisions and orders issued by the people’s government according to law under the state of emergency 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 10 days and may, in addition, be fined not more than 500 yuan.”In the two cases at the beginning of this article, as there were no serious consequences, the Public Security Punishment Act was applied.”Zeng wenzhong said.Zeng further explained that those who refuse the prevention and control measures proposed by governments at or above the county level or disease control agencies and cause transmission or are in danger of transmission may be sentenced to fixed-term imprisonment of up to three years or criminal detention under Article 330 of the Criminal Law.If the consequences are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.”Of course, if a person knowingly conceals his or her infection and causes the spread of infectious diseases, the circumstances are serious and endanger public security, it may constitute and in the Criminal Law.”‘Under such circumstances, if the circumstances are minor, they may be sentenced to up to three years in prison or criminal detention,’ Mr. Zeng said.If the circumstances are serious and heavy losses are caused, he may be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.Spreading rumors about COVID-19 can lead to a maximum of five years to 10 years in prison and a fine.Chen Xiaobiao told reporters that in judicial practice, China’s relevant provisions and judicial interpretation of the use of more expressions is “false information.”Rumor is now generally regarded as a statement of fact, while expression of opinion is an expression of personal emotion.Only false facts about the epidemic can constitute rumors, while pure expression of opinion is free of speech and allowed.”According to the police report, the remarks made by Mr. Ou in the preceding paragraph are false and groundless.”Chen Xiaobiao told reporters, generally speaking, about the rumor of punishment may involve “law of public security management punishment” “Criminal law” and so on.Article 25, Paragraph 1, of the Law on Penalties for Administration of Public Security, a reporter who falsely reports a dangerous situation or deliberately disturbs public order by other means shall be detained for not less than five days but not more than 10 days and may, in addition, be fined not more than 500 yuan;If the circumstances are relatively minor, he shall be detained for not more than five days or be fined not more than 500 yuan.”This is an administrative punishment for Ou, and if his actions are deemed to have serious consequences, he may violate the Criminal law.”Xiao-biao Chen is introduced, according to the second paragraph one of article two hundred and ninety-one of the criminal law, regulation, danger, damage, fabricate, spread on information networks or other media, or knowing is the false information, intentionally spread in information networks or other media, seriously disturbing social order, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance;If serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.In addition, xiao-biao Chen told reporters, according to the Supreme People’s Court, the Supreme People’s Procuratorate, Ministry of Public Security, the Ministry of Justice jointly issued by the “about the punishment according to law breach will be coronavirus pneumonia opinions on epidemic prevention and control of the illegal crime, if organized, letting researchers on the information network spreading, creating disturbances such as plot, causing severe disorder of public order, in accordance with the” criminal law “the two hundredthAs provided for in paragraph 4 of paragraph 1 of Article 93, the offender shall be convicted and punished for the crime of provoking quarrels.”If convicted of the crime of picking quarrels and provoking troubles, he may be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined.”Source: Sichuan Online