On March 13, Beijing reported a confirmed case imported from the United States. Li Mou, a long-term settler in Massachusetts, took his family back to Beijing from the United States. During this period, he took medicine to reduce fever and continued to lie on the plane. He was investigated by the Shunyi Branch of the Beijing Public Security Bureau for allegedly obstructing the prevention and treatment of infectious diseases. Against the background of the gradual domestic epidemic situation, strict prevention and strict control to prevent foreign imports have become the focus of the current epidemic prevention and control. Therefore, there are a lot of news about foreigners deliberately concealing their illnesses and returning to China for investigation, and the people involved so far are all Chinese citizens. This article discusses in advance how foreigners should break the law.
No.1 Analysis of the crimes of foreigners involved in epidemic
On the morning of the 16th, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of Justice, and the General Administration of Customs jointly issued the Opinions on Further Strengthening the Frontier Health and Quarantine Work in accordance with the law to punish illegal crimes that impede frontier health and quarantine, proposing six types of possible convictions. To hinder frontier health and quarantine.
According to the Criminal Law and Opinions on the Punishment of Crimes against the Prevention of Pneumonia Epidemic Disruption by New Coronaviruses and Opinions on Further Strengthening the Frontier Health and Quarantine Work to Punish Crimes Against the Frontier Health and Quarantine, foreigners conceal the epidemic or resist There may be four kinds of crimes involved in the border inspection: crimes that impede frontier health and quarantine, crimes that endanger public safety by dangerous methods, crimes that impede the prevention of communicable diseases, and crimes that impede official duties
1. When a foreigner enters China's border from abroad, if he has been diagnosed as a new coronary pneumonia patient or pathogen carrier abroad, he refuses isolation treatment or leaves the isolation treatment without authorization before entering the Chinese aircraft or ship (public transportation) If it causes the spread of a new coronavirus, it will be convicted and punished by the crime of endangering public safety by dangerous methods; if it refuses to implement the anti-epidemic measures proposed by the customs in accordance with the laws and regulations of the border health quarantine law at the time of immigration and border inspection, it will violate the border health quarantine crime At this time, several crimes should be punished. If the perpetrator cooperates with the customs epidemic prevention measures at the time of entry, he will only be convicted and punished for the crime of endangering public safety by dangerous methods.
2. Foreigners who have not been diagnosed or confirmed as suspected cases and refused to implement the anti-epidemic measures proposed by the Customs in accordance with the laws and regulations of the Frontier Health and Quarantine Law at the time of entry shall be convicted and punished with the crime of obstructing the frontier health and quarantine; they shall refuse to implement the health and anti-epidemic agency after entry If the prevention and control measures proposed in the Law on the Prevention and Control of Infectious Diseases cause the spread of new coronavirus or are in serious danger of spreading, they shall be convicted and punished for the crime of obstructing the prevention and control of infectious diseases.
For example, a domestic case: Liao Moujun and others arrived on the Beijing Capital International Airport from Italy on March 4th. Before returning to China, they had developed fever, dry cough and other symptoms, but took drugs to reduce fever and cool down. They were subsequently diagnosed with new coronary pneumonia, Shunyi, Beijing The police arrested Liao Moujun and others on suspicion of obstructing the prevention and treatment of infectious diseases. It should be noted that the subjective performance of crimes that impede the prevention and treatment of infectious diseases is negligence, and there is no need for the actor to have a clear knowledge of the possible consequences.
3. If foreigners use violent or threatening methods to impede customs officials from performing official duties during entry inspection, they will also commit the crimes of obstructing frontier health and quarantine and obstructing official duties. Measures should be chosen with greater penalties.
No.2 Application of law
Article 6 The jurisdiction of territorial jurisdiction shall be applicable to all crimes committed in the territory of the People's Republic of China, unless otherwise specified by law. This law also applies to those who commit crimes in ships or aircraft of the People's Republic of China. If one of the criminal acts or results occurs in the territory of the People's Republic of China, it is considered to be a crime in the territory of the People's Republic of China.
Article 11 Diplomatic representatives’ immunity from criminal jurisdiction The criminal responsibility of foreigners who enjoy diplomatic privileges and immunities shall be resolved through diplomatic channels.
Therefore, once a foreigner enters our country through border crossing, if he takes various means to refuse to declare at the time of border inspection, or does not truthfully declare his health status, and does not cooperate with temperature monitoring; or knowing that he has developed symptoms of fever, dry cough and other epidemics, and Or if you have ever been to an area where the epidemic is serious and deliberately conceal the morbidity and overseas travel history, which poses a major risk to public health, China’s criminal law should be applied.
In addition, our criminal law stipulates the principle of flag stateism. However, any crime committed in a ship or aircraft of the People's Republic of China, regardless of where it is sailed or parked, shall apply our criminal law. Among them, ships and aircrafts in my country include ships and aircrafts that are hung or painted with the national flag and emblem of my country, and are registered in my country or whose ownership belongs to my country, but do not include international coaches or trains. Because the aircraft will also take some epidemic prevention and control measures, the actor should declare truthfully once he boarded the plane, which means that once the foreigner boarded the aircraft or ship belonging to our country, he used various means to deliberately hide the illness and give the aircraft The other personnel on the board pose a great health risk, even if it has not reached the border customs of our country, it is already illegal.
At the same time, it should be noted that there are three special cases in the application of criminal law: 1. The criminal responsibility of foreigners who enjoy diplomatic privileges and immunities is resolved through diplomatic channels, and the Chinese criminal law does not apply; 2. The incidents that occur in Hong Kong, Macao and Taiwan For crimes, the mainland criminal law does not apply; 3. If the legislature has formulated a special criminal law, it should be applied first, and there are supplementary or flexible regulations in minority areas. If such incidents happen to foreign diplomatic representatives, they should be dealt with through diplomatic channels, not criminal organs, but such situations should be unlikely.
No.3 Foreign-related criminal procedure:
1. The customs should do a good job of linking executions and diverting cases. Strictly investigate the administrative legal responsibility for violations of border health and quarantine regulations, improve the law enforcement case handling process, and adhere to strict law enforcement and lawful handling of cases. Do a good job in the connection between administrative law enforcement and criminal justice. Cases that meet the standards for prosecution of criminal cases in the field of frontier health and quarantine supervision must be processed in accordance with relevant regulations in a timely manner and transferred to public security organs. Administrative punishment must not replace criminal punishment.
2. Foreign-related criminal proceedings have foreign-related factors in the procedure, so special methods, methods and steps need to be taken when handling cases. For example, in investigating and collecting evidence, detaining criminal suspects, defendants, and serving, it is necessary to adopt different methods, methods, and steps from non-foreign-related criminal proceedings. In particular, according to the provisions of Article 396 of the Interpretation of the High Law, during the trial of foreign-related criminal cases, the people’s court shall promptly notify the foreign affairs department of the people’s government at the same level of the foreign-related litigation matters concerning the foreigners, and notify the relevant state envoys and leaders in China. Pavilion. At the same time, after a foreign-related criminal case is pronounced, it shall promptly notify the foreign affairs department of the people's government at the same level of the processing result.
The process of criminal proceedings in foreign-related cases clearly has its special features, because this involves not only the problem of illegal and criminal matters but also diplomatic relations. Since the epidemic, due to the long-term aphasia in my country’s international communication, foreign media have made many distorted reports on the epidemic prevention measures taken by China, such as calling our isolation sites concentration camps and thinking that our home isolation violates human rights. During the trial of foreign-related cases involving epidemic situations, the embassies and consulates of the relevant countries in China will follow the whole process. If they are not handled prudently, they will handle cases strictly in accordance with the law, be open and transparent, guarantee procedural justice, and fair justice. Obviously, they will easily become ulterior motives. The country attacks the pretext of China's judicial system and the protection of human rights.
No. 4 Conclusion
In recent years, due to the “ultra-national treatment” granted to foreigners, especially international students, it has aroused strong indignation among the broad masses of the people, and it is therefore opposed to the “Foreigners Permanent Residence Regulations”. In fact, this situation reflects precisely The long-term accumulation of public grievances expresses their views through the Regulations. At this time, if a foreigner deliberately conceals the epidemic situation and enters, the relevant authorities will arouse popular sentiment if they are not handled properly. Even under the current background of the global fight against the epidemic, it is even better to deal with the relations between countries and actively fight against the epidemic, but this must not be a reason for enforcement to release water and should be treated equally. Since there are no such cases, there are no judgeable objects, but the relevant law enforcement agencies should also make timely preparations for the plan, improve the quality of law enforcement, and respond prudently and quickly. The gentleman holds the sword to defend the enemy, and the customs holds the law and protects the country. We must not allow the border to break through, and the people are chilled.
Finally, only wish for fairness and justice in the world.