Case introduction
The Supreme People's Procuratorate issued on February 19, 2020 National Procuratorial Organs Handle Typical Cases of Crimes Against the Prevention and Control of New Coronary Pneumonia Epidemic Situation (Second Batch). The first case is typical of severe penalties: January 20, 2020. With the approval of the State Council, the National Health and Health Commission issued the Announcement No. 1 of 2020 to include pneumonia infected by new coronavirus into the Class B infectious diseases as stipulated in the Law of the People’s Republic of China on the Prevention and Control of Infectious Diseases, and adopt the prevention and control measures for Class A infectious diseases . On January 23, 2020, Wuhan New Coronary Pneumonia Epidemic Prevention and Control Headquarters issued a notice, deciding to close the Lihan Passage at 10 o'clock that day and implement closure management. However, in the more than 10 hours after the closure of the city, Yin Mou of Jiayu County, Hubei Province was engaged in passenger transport business. Without operating licenses, he drove nine passenger cars twice to pick up passengers to and from Wuhan and Jiayu. On February 4, Yin was diagnosed with New Coronary Pneumonia, after which 20 people who had close contact with Yin were concentrated and isolated. On February 5, the People’s Procuratorate of Jiayu County supervised the case of Yin Moumou, and the Public Security Bureau of Jiayu County investigated and investigated Yin Moumou on the same day, and lived under surveillance. On February 10, the Jiayu County Public Security Bureau transferred the case for review and prosecution. On February 11, the Jiayu County People's Procuratorate filed a public prosecution against Yin Moumou for the crime of obstructing the prevention and treatment of infectious diseases. The Jiayu County People's Court held a public hearing in an expedited procedure and adopted the prosecution's suggestion for sentencing. The defendant sentenced the defendant Yin Moumou to one year in prison.
At the critical moment of comprehensively fighting the outbreak of the new crown pneumonia, the criminal law must be treated with tolerance. In applying the criminal law and epidemic, the following points should be considered:
1. Timeliness of punishment
The timeliness of criminal punishment refers to that specialized agencies (public security, procuratorates, courts, and other judicial departments), in accordance with statutory powers and procedures, aim to deal with criminal cases in a just, reasonable, and prompt manner, and promptly deliver criminal suspects and defendants to trial. In order to determine its penalty and deliver it for execution as soon as possible. Pursuing the timeliness of criminal punishment is a manifestation of the criminal law's strict during the epidemic prevention and control period. The Criminal Law is the only departmental law in my country that stipulates crimes and punishment measures for crimes. It is the strictest law. In the face of a sudden epidemic situation, the criminal law should take action as soon as possible and quickly and severely punish the crimes against the epidemic prevention and control measures.
Modern criminal jurist Beccaria said that the effectiveness of punishment does not lie in its harshness, but in its timeliness and certainty. The benefit of timeliness lies in highlighting the prestige of the criminal law and giving better play to the general preventive role of the criminal law. For the offender, committing the crime should bear the corresponding criminal responsibility in time, which is an inevitable requirement for the certainty of the penalty; for the innocent, timely trial can make it no longer be prosecuted and innocent, thus making justice To be reproduced.
During the closure of the city, the people of Wuhan made tremendous sacrifices to avoid the spread of immunization across the country. In the case introduced in this article, Yin was aware of Wuhan’s control measures at that time, but in order to seek personal private gain, he drove passengers to and from Jiayu and Wuhan (the epidemic source) twice without an operating license. Illegal passenger transportation was not only diagnosed by himself. , Also caused great danger to others, causing 20 people in close contact with them to be quarantined, causing a serious risk of the spread of new coronary pneumonia in accordance with the prevention and control of infectious diseases in Group A, which constituted a crime against the prevention and treatment of infectious diseases. Heavier penalties. From this case, we can see that Yin Mou took a total of 6 days from filing to arrest, prosecution, and judgment, and sentenced in court. Judicial organs adopt expedited procedures, and on the premise of guaranteeing their right to defense, they will be judged according to law, reflecting the efficiency and fairness of handling criminal cases during the epidemic situation. Pursuing the timeliness of punishment and responding to the expectations of the people in the shortest time is conducive to strengthening the public's awareness of the punishment for guilt.
The Supreme Law, the Supreme People's Procuratorate, the Ministry of Public Security and the Ministry of Justice issued on February 6, 2020, Opinions on Punishing and Preventing Crimes that Prevent and Control New Coronavirus Infection Pneumonia (hereinafter referred to as Opinions). This opinion states, Resolutely take epidemic prevention and control as the overriding top priority, make full use of legal provisions, and promptly and severely punish all kinds of illegal crimes that hinder epidemic prevention and control in accordance with the law, and provide a strong rule of law for resolutely winning epidemic prevention and control Guarantee. According to the provisions of the two highs and two ministries, some localities have quickly established a rapid handling mechanism for epidemic-related criminal cases, taking a fast track, and having dedicated personnel to handle epidemic-related criminal cases. These measures all reflect the pursuit of timely penalties. .
2.Can't one-sidedly pursue strictness
Unlike the Interpretation issued by the Supreme People's Court and the Supreme People's Procuratorate during the SARS period in 2003, the Opinions clearly stipulates that when the relevant crimes are committed during the epidemic prevention and control period, they shall be considered as a serious case and reflected in accordance with the law. Strict policy requirements, effective punishment for deterring illegal crimes, safeguarding legal authority, maintaining social order, safeguarding the safety and health of the people. This is undoubtedly a concrete manifestation of the strict aspect of the criminal policy of leniency and strictness. However, at the same time as the crackdown, we must still adhere to the law of crime and punishment, and we should not excessively pursue the effect of strict punishment.
Based on the above Yinmou passenger transport case, some people have proposed to deal with the crime of endangering public safety in a dangerous way. However, combining the time and consequences of illegal activities, neither the subject of the crime nor the criminal behavior conforms to the relevant provisions of the Two Highs and Two Departments guidance on the crime of endangering public safety by dangerous methods, but is more in line with the crime of obstructing the prevention and treatment of infectious diseases constitute. We can also see that the Procuratorate did indeed sue Yin to the court for the crime of obstructing the prevention and treatment of infectious diseases.
Comparing these two crimes, the crime of endangering public safety by dangerous methods is a felony stipulated in the criminal law. The starting point is three years. Those who cause serious injury, death or serious losses to public or private property may be sentenced to death. The application of the crime in practice should be strictly grasped. Applying this charge, although the punishment for the accused person can be more severe, but in order to unilaterally pursue strict and serious effects and artificially raise the applicable serious crime. Strict policy does not mean to abandon the legal principle of crime and punishment. The legal principle of crime and punishment is always an insurmountable barrier to criminal law. It protects the conscience and justice of criminal law, and the more it should be adhered to in the special period.
3. Minor violations
Based on the rare and widespread nature of New Coronary Pneumonia, the crimes in this epidemic can be called crimes in an emergency. In an emergency, it is difficult for human nature to withstand moral tests. Therefore, the illegal crimes that occur in the epidemic, especially the crimes that occur in places where the epidemic is serious, must be distinguished from one to the other and different response measures should be applied. When facing citizens with bad attitudes but not necessarily illegal or slightly illegal, they should understand more and stay as wide as possible, so as not to expose citizens to the double blow of epidemics and punishment.
Aiming at actions that are also harmful to society, some people with less subjective malignancy may consider education or administrative punishment as the mainstay. For example, for those who fabricate and spread rumors, if the elderly learn the rumors from WeChat tweets and applets pushed by unofficial subjects and spread them, and they are mainly implemented for the purpose of reminding relatives and friends to take precautions, due to the discrimination of the elderly Weak, unable to distinguish between true and false, generally should not consider penalties. In addition, for some people who have difficulties in living abroad, studying, etc., and violate the regulations and leave the epidemic area, but only violate the relevant regulations without causing the spread of the epidemic, even if the perpetrator's attitude is bad, try not to deal with it as a crime, and manage it in accordance with public security. Penalties can be dealt with. If a person who is not necessarily illegal or has only minor violations is punished in accordance with the criminal law and characterized as a criminal, then under the premise that the existing social resources are constant, the actual or potential human, material, and judicial resources required for epidemic prevention and control will be consumed. The actual behavior is not important, and it neglects the need to use criminal law to prevent and control harmful behaviors. During the epidemic, various costs are rising, and judicial resources are also very precious. Instead, the criminal law should cherish the feathers and insist on punishment should be punished. Specific analysis should be made to avoid the top penalty thinking and regardless of the reason. Behavioral tendency.
Conclusion
When the epidemic situation arrives, the criminal law must protect the people with impunity, and the judicial staff should accurately grasp the legal limits. It must be “strict” so that the crimes should be punished appropriately; and “wide” to avoid the expansion of the scope of the attack. And other issues. When facing citizens who are trapped by the epidemic and walk on illegal borders, they must first have empathy, and be more flexible, more reasonable and humanistic about their possible incomprehension and uncooperative behavior, rather than Put on a cloak of powerful power, wear a sharp sword of criminal law, and pull out the blade as soon as possible when handling a case, aiming at citizens who are anxious and panic in special periods and whose rights are seriously weakened. After all, in the face of such a disaster, no one is an island, and who is not the victim?