has become a part of most people's daily life;
careful friends may usually notice the packaging of throat swabs.
manufacturers and testing institutions
can be said to be varied;
Due to the limited manpower, energy and equipment in the hospital, most of the testing work has been entrusted to the hospital at present.
third party testing organization
continue.
It is reported that in the past three years,
there were 12,893 newly established medical testing companies, which may be the reason for the mixed fish and dragons. Some institutions detect nucleic acids related to people's normal work and life.
not taken seriously;
Among them, the most striking thing is the abnormal input test result of
negative quality of nucleic acid
reported by Lanzhou Nuclear Huaying Laboratory on 25th, which will be found during transshipment. "
a case;
After combing, the number of cases of nucleic acid fraud investigated and dealt with this year has actually exceeded 11, involving more than ten testing institutions in Jinan, Zhengzhou, Hefei, Shanghai, Beijing and Lanzhou.
The frequent occurrence of similar false nucleic acid testing reports has also aroused public concern
Criminal responsibility of fraud in nucleic acid testing institutions
concern.
what legal responsibilities should relevant institutions bear?
Then, if a third-party testing organization issues a false nucleic acid report,
what crime will it constitute?
relevant lawyers believe that this needs to be integrated with the institutions involved.
Subjective state and consequences
Judging from it, it may mainly involve the following crimes:
1. The testing institution intentionally issues false nucleic acid reports, which damages citizens' personal rights.
it may constitute the crime of providing false certificates or issuing major false certificates;
According to "punishment"
According to the provisions of paragraphs 1 and 3 of Article 229 of this Law, providing false documents refers to the serious act of intentionally providing false documents by the personnel of the intermediary agencies who are responsible for asset evaluation, auditing, legal services, safety evaluation, environmental impact assessment and environmental monitoring;
The certification documents issued are materially untrue, that is,
refers to the behavior of the above-mentioned intermediary organization personnel who are seriously irresponsible and the documents issued are seriously inaccurate, resulting in serious consequences.
As an intermediary agency that provides technical verification services for clients through professional services, a third-party nucleic acid testing institution may commit the above two crimes if it intentionally or grossly neglects to issue false certification documents, that is, nucleic acid testing reports.
In ...
The maximum penalty for forging documents is 1 years' imprisonment and a fine;
The maximum penalty for the crime of producing seriously inaccurate documents is three years' imprisonment and a fine or just a fine.
2. Deliberately issuing false nucleic acid reports, leading to the spread of the epidemic.
may constitute the provisions of Article 33th of the Criminal Law.
crime of obstructing the prevention and treatment of infectious diseases
or 115.
the crime of endangering public safety by dangerous means.
Adjustment rate
Article 115 Whoever causes serious injury or death to others or heavy losses to public or private property by dangerous means shall be sentenced to fixed-term imprisonment of not less than 1 years, life imprisonment or death.
Article 33th Whoever violates the provisions of the Law on the Prevention and Control of Infectious Diseases and causes the spread of Class A infectious diseases and other infectious diseases whose prevention and control measures are determined according to law, or is in serious danger of spreading, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention
criminal detention; If the consequences are particularly serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years:
3. There is no subjective intention or negligence in issuing false nucleic acid reports.
In general, if a crime has no serious consequences, it will not be recognized. Causing serious consequences may constitute the second paragraph of Article 115th of the Criminal Law.
the crime of negligently endangering public safety by dangerous means. May face three to seven years in prison.
4. At the same time, false nucleic acid test reports should also be borne.
administrative legal responsibility
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showing "big"
Article 24 of the Administrative Measures for Nucleic Acid Testing Laboratories in COVID-19 (for Trial Implementation):
Large testing laboratories that issue false testing reports shall be handled in accordance with Article 49 of the Administrative Regulations on Medical Institutions.
fine; Doctors who issue false inspection reports shall be punished in accordance with Article 37 of the Law on Medical Practitioners.
In other words, the detection mechanism will
warn the health administrative department.
； If it causes harmful consequences, it should be < P > and fined. The responsible doctor will also be given a warning, the illegal income will be confiscated, and a fine of less than 3 thousand yuan will be imposed; If the circumstances are serious,
shall be ordered to suspend the practice or revoke the doctor's practice certificate.
In addition, if the health inspector is mistakenly transferred to the warehouse for isolation because of a false positive report issued by a nucleic acid testing institution, and COVID-19 is unfortunately infected, the inspector may also request a nucleic acid testing machine that causes damage to himself.
bear the corresponding personal injury compensation.
In short, as the main means to identify whether COVID-19 is infected or not, the relevant institutions responsible for detecting
have great responsibilities and should be strictly controlled;
According to the latest news, on the afternoon of 29th, the Health and Health Commission also made a statement in this regard: it will definitely be the next one.
strengthen supervision, and
severely deal with those who commit relevant illegal and criminal acts according to laws and regulations.
what do you think is the crime of forging nucleic acid? Welcome to leave a message for discussion, and the hearing will continue to pay attention to this.