In the early morning of April 5, 2022, Ning Moumou and Dang Moumou bought the No.2 car of the K 1805 train at the artificial window of Shanghai South Railway Station and went to Hangzhou without a seat. When I was inspected by epidemic prevention personnel in Shanghai, I deliberately hid my mobile phone and hid my trip. After leaving in the early morning, I didn't find a hotel and arrived at my destination after 9 pm. I have been wandering around the crowded subways and shopping malls in Hangzhou. Through monitoring, it is clear that the mother and daughter not only exposed their noses and mouths to the air many times, but also deliberately took off their masks many times. On April 5, 2022 17, it was notified by the Shanghai police. Ning Moumou was diagnosed as COVID-19 positive, and was finally arrested at Raffles Center in Hangzhou after investigation by Hangzhou police. The next morning, the Shangcheng District Public Security Bureau of Hangzhou filed an investigation according to law. In response to this incident, there have been many discussions on the Internet, ranging from moral condemnation of both sides to legal responsibility for this behavior.
Opinions of Shanghai Higher People's Court:
According to the Series Questions and Answers on the Legal Application of COVID-19 Epidemic Cases (2022 Edition) issued by the Shanghai Higher People's Court, the diagnosed COVID-19 patients and asymptomatic infected people, knowing that they have been infected, still refuse to comply with the requirements of epidemic prevention policies, refuse isolation treatment or leave isolation treatment without authorization before the expiration of the isolation period, and enter public places or public transport, which is in line with the provisions of Article 114 of the Criminal Law of People's Republic of China (PRC).
Lawyer Xu Tong's comment is:
The crime of endangering public safety by dangerous means mainly protects public safety and social management order. The danger must be concrete, realistic and urgent. Specific risks need to reach the possibility of endangering the life and health of most people or unspecified objects, that is, endangering the public by dangerous methods equivalent to arson, explosion, throwing dangerous substances, hitting water, etc.
With regard to this case, through the analysis of the existing clues, all the behaviors of the mother and daughter after leaving for Hangzhou in the early hours of the morning are abnormal, which is totally out of line with the trajectory of normal tourists, while COVID-19 is a sudden infectious disease with strong infectivity. If it is confirmed that the mother and daughter were informed of the positive diagnosis in advance, it can be inferred that they have the intention to spread the pathogen of infectious diseases to the unspecified majority of the society subjectively, which is enough to endanger the social security and social management order in Hangzhou, and fully conforms to the Criminal Law of People's Republic of China (PRC).
To say the least, although the mother and daughter didn't know that they were diagnosed as COVID-19-positive subjectively, they objectively concealed their living history or their whereabouts from the epidemic-prone area (Shanghai). Even if it does not constitute a criminal offence, it is still an illegal act that hinders the prevention and control of the epidemic, and it shall be punished according to Article 25 of the People's Republic of China (PRC) Public Security Administration Punishment Law.
In addition, based on the fact that this case has been criminally filed by Shangcheng District Public Security Bureau of Hangzhou, if the relevant victims suffer material losses due to the violation of personal rights or destruction of property by criminals, they can file an incidental civil action in the course of criminal proceedings to safeguard their legitimate rights and interests.
Relevant laws and regulations:
Criminal law of the people's Republic of China
Article 114 Whoever commits the crime of endangering public security by setting fire, breaking water, exploding, throwing toxic, radioactive, infectious disease pathogens and other substances or by other dangerous means, but has not caused serious consequences, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Article 115 Whoever endangers public security by setting fire, breaking water, exploding, throwing toxic, radioactive, infectious disease pathogens and other substances, or by other dangerous methods that cause serious injury or death to people or heavy losses to public or private property, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.
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Article 330 The crime of obstructing the prevention and control of infectious diseases violates the provisions of the Law on the Prevention and Control of Infectious Diseases, and under any of the following circumstances, Class A infectious diseases and infectious diseases whose prevention and control measures are determined according to law are spread or seriously threatened, and 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:
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(five) refusing to implement the prevention and control measures put forward by the people's governments at or above the county level and the disease prevention and control institutions according to law.
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