The Supreme People’s Procuratorate issued five typical cases of national procuratorial organs punishing crimes that hinder the order of epidemic prevention and control.

　　BEIJING, Aug. 8 (Xinhua)-According to the website of the Supreme People’s Procuratorate, on Aug. 8, the Supreme People’s Procuratorate released five typical cases in which the national procuratorial organs punished the crime of disrupting the order of epidemic prevention and control according to law. These typical cases mainly involved two charges: the crime of disrupting the prevention and control of infectious diseases and the crime of fabricating and deliberately spreading false information, including the case of Liang Moumou, Ren Moujun and Ren Mouhui in Neiqiu County, Hebei Province, and the case of Yin Moumou in Jiayu County, Hubei Province. Wei Moumou in Laibin City, Guangxi Zhuang Autonomous Region, Sun Moumou in Nanchong City, Sichuan Province, and Zhao Moumou in Anshan City, Liaoning Province fabricated and deliberately spread false information.

　　The news pointed out that since July this year, there have been new overseas imported related cases and cluster cases in many parts of the country, which have spread to 17 provinces and spread in many areas. The situation of epidemic prevention and control is extremely severe, and the task of "external defense import and internal defense rebound" is very arduous. However, in recent years, some people have ignored national laws, regulations and control measures, and illegal crimes that hinder the order of epidemic prevention and control have occurred from time to time, and some of the harmful consequences and circumstances are still very serious. For example, Mao Mouning of Jiangsu left his residence in Nanjing without authorization, failed to report the history of his residence in Nanjing to the relevant communities in Yangzhou as required, and frequently moved to many restaurants, shops, clinics, chess rooms and farmers’ markets in Yangzhou, which caused the COVID-19 epidemic to spread in Yangzhou. Another example is that some people pretend to be the media to publish false information about the epidemic or fabricate or deliberately spread false information about the epidemic. These behaviors are exactly the same as some illegal and criminal behaviors in the early stage of the outbreak.

　　In order to further strengthen the publicity and warning education of the rule of law, promote the fight against epidemic according to law, guide the public to abide by the epidemic prevention and control measures, and guide the procuratorial organs to handle cases according to law, the Supreme People’s Procuratorate has selected five typical cases that hinder the prevention and control of infectious diseases, fabricate and deliberately spread false information from 14 batches of typical cases released in the early stage, and enrich the judgment results made by the court after trial, which are hereby released.

　　First, the case of obstructing the prevention and control of infectious diseases

　　【 Essence of Law 】 According to Article 330 of the Criminal Law and the Opinions on Punishing Illegal Crimes that Hinder the Prevention and Control of Pneumonia in novel coronavirus jointly issued by the Supreme People’s Court, the Supreme People’s Procuratorate, the Ministry of Public Security and the Ministry of Justice in February 2020, those who violate the provisions of the Law on the Prevention and Control of Infectious Diseases and refuse to implement the prevention and control measures put forward by the health and epidemic prevention institutions in accordance with the Law on the Prevention and Control of Infectious Diseases, causing the spread of novel coronavirus or having serious risks of spread, can be convicted and punished for the crime of obstructing the prevention and control of infectious diseases in accordance with the provisions of Article 330 of the Criminal Law. The "violation of the provisions of the Law on the Prevention and Control of Infectious Diseases" here includes not only a series of laws and regulations related to epidemic prevention and control, such as the Law on the Prevention and Control of Infectious Diseases, the Emergency Response Law, and the emergency regulations for public health emergencies, but also the epidemic prevention and control measures issued by governments at all levels and relevant departments in the period of epidemic prevention and control, based on the above-mentioned laws, regulations and normative documents. In this regard, the Criminal Law Amendment (XI) passed by the National People’s Congress Standing Committee (NPCSC) in December last year clearly included the act of "refusing to implement the prevention and control measures put forward by people’s governments at or above the county level and disease prevention and control institutions according to law" as one of the specific manifestations of the crime of obstructing the prevention and control of infectious diseases. In judicial practice, if governments at all levels and relevant departments require epidemic prevention and control measures such as epidemic prevention and control, no gathering of personnel, provision of nucleic acid test reports, and truthful reporting of epidemic trajectory, if they violate the regulations, they will cause serious consequences or serious risks of spread in novel coronavirus.It constitutes a crime of obstructing the prevention and treatment of infectious diseases and should be investigated for criminal responsibility according to law.

　　Case 1: The case of Liang Moumou, Ren Moujun, Ren Mohui and others obstructing the prevention and treatment of infectious diseases in Neiqiu County, Hebei Province.

　　Defendant Liang Moumou and his wife Liu Moumou were from Neiqiu County, Xingtai City, Hebei Province, and lived in Wuhan’s daughter for a long time after retirement. Around January 15th, 2020, Liu Moumou (later diagnosed as a COVID-19 patient, deceased) developed symptoms of cold and cough. On January 17th, Liang Moumou, Liu Moumou, their daughter, son-in-law and their grandchildren drove back to a village in Neiqiu County from their residence in Hongshan District, Wuhan City, Hubei Province. On the way, Liang Moumou and his family did not take any protective measures to enter and leave public places such as gas stations and public toilets in Hubei and Henan expressway service areas. After returning to the residence of a village in Neiqiu County, Liang’s family did not take protective measures, and went in and out of a supermarket in Neiqiu County, a shopping mall in Xingtai City and other public places several times, and had dinner with many people in the restaurant and contacted with the unspecified majority. After returning from Wuhan to a village in Neiqiu County, Liu’s cough symptoms worsened. At 6 o’clock on January 18, Liu went to the village medical clinic and invited the village doctor to go home every morning for infusion until January 23. At about 6 o’clock on January 31, Liu had symptoms of cough and chest tightness, and Liang sent Liu to the cardiology department of Neiqiu County Hospital of Traditional Chinese Medicine. On the evening of February 4, Liu was transferred to Xingtai People’s Hospital for treatment due to his illness. On February 6th, Liu was diagnosed as a confirmed case of pneumonia in novel coronavirus. On February 8, Liu died of a critical type of new coronavirus pneumonia.

　　From January 20th to 23rd, Neiqiu County, Xingtai City made a comprehensive survey of the returnees from Wuhan. Defendant Liang Moumou knowingly concealed the fact that his former work unit and relevant departments such as Neiqiu County villages and towns were investigating, especially during Liu’s visit to Neiqiu County Hospital of Traditional Chinese Medicine and Xingtai People’s Hospital on January 31, when the medical staff of the city and county hospitals repeatedly asked Liang whether he had been to Wuhan and had contact history with outsiders, Liang Moumou still deliberately concealed and denied it. It was not until February 6 that Liu was seriously ill that Liang admitted the fact of returning home from Wuhan after repeated questioning by medical staff of Xingtai People’s Hospital.

　　The defendant was appointed as the secretary of the Party branch of a village in Neiqiu County, a military department. According to the arrangement of the county and town governments, he was fully responsible for arranging the people returning from the epidemic areas in Hubei and Wuhan during the epidemic prevention and control period. While knowing that Liang Moumou was returning from Wuhan, he refused to perform the corresponding duties, did not report to the relevant departments, and concealed the fact that Liang Moumou returned from the epidemic areas in Wuhan. At the same time, he informed Ren Mouhui, the village director, through WeChat, and asked him to inform Liang Moumou to conceal the fact of returning from Wuhan.

　　The defendant Ren Mouhui is the director of a village in Neiqiu County. According to the arrangement of the county and town governments, he is responsible for the investigation of whether Liang’s family area has returned from Wuhan in the epidemic area during the epidemic prevention and control period. When Ren Mouhui knew that Liang Moumou and his family had returned from Wuhan, he refused to perform the corresponding duties, did not report to the relevant departments, concealed the fact that Liang Moumou and his family had returned from the epidemic area in Wuhan, and at the same time instructed Liang Moumou to transfer and hide his Wuhan-licensed vehicles.

　　As of February 20th, 153 close contacts and 356 indirect contacts in Qiaodong District, qiaoxi district and Neiqiu County of Xingtai City, which were in contact with COVID-19 patient Liu Moumou, were all isolated and observed for 14 days. At the same time, Neiqiu County Hospital of Traditional Chinese Medicine, a supermarket in Neiqiu County, five villages and four residential quarters in Neiqiu County were all closed, and Weimou Dental Clinic in Qiaodong District of Xingtai City and Building 8 in Liangcheng District were all closed. On February 6, Liang Moumou, as a close contact of Liu Moumou, and Ren Mouhui, as an indirect contact of Liu Moumou, were isolated and observed.

　　On February 7th, due to the suspected crime, Neiqiu County Public Security Bureau filed a case against Liang Moumou, Ren Mohui and others for investigation. Neiqiu County People’s Procuratorate coordinated with the public security organs to intervene in advance on the same day, and put forward guidance opinions on evidence collection, fixation, improvement and qualitative analysis under the guidance of Xingtai City People’s Procuratorate. On February 10, the public security organs took compulsory measures to monitor the residence of Liang Moumou and Ren Mouhui, and continued to take isolation measures against them; On February 15th, Ren Moujun was taken compulsory measures to monitor his residence. On February 20, Neiqiu County Public Security Bureau transferred Liang Moumou, Ren Moujun and Ren Mouhui for examination and prosecution for allegedly obstructing the prevention and treatment of infectious diseases. On February 24, Ren Mouhui was released from isolation. On February 27th, the People’s Procuratorate of Neiqiu County filed a public prosecution with the People’s Court of Neiqiu County. The Neiqiu County People’s Court made a first-instance judgment on June 24, 2020, and sentenced Liang Moumou, Ren Moujun and Ren Mouhui to one year’s imprisonment, Ren Mouhui to 11 months’ imprisonment and Ren Mouhui to 10 months’ imprisonment. On June 30, Ren Mouhui filed an appeal, and the Xingtai Intermediate People’s Court made a ruling on September 4, 2020, dismissing the appeal and upholding the original judgment.

　　Case 2: Yin Moumou, Jiayu County, Hubei Province, hindered the prevention and treatment of infectious diseases

　　Defendant Yin Moumou is a native of Jiayu County, Hubei Province, engaged in private passenger transport business and has been driving Dongfeng brand nine-seat minibuses to and from Jiayu and Wuhan for a long time. On January 20th, 2020, with the approval of the State Council, the National Health and Wellness Commission issued Announcement No.L in 2020, which included novel coronavirus’s pneumonia as a Class B infectious disease stipulated in the Law on the Prevention and Control of Infectious Diseases in People’s Republic of China (PRC), and took measures to prevent and control Class A infectious diseases. On January 23rd, Wuhan novel coronavirus Pneumonia Epidemic Prevention and Control Headquarters issued the Notice of Wuhan novel coronavirus Pneumonia Epidemic Prevention and Control Headquarters (No.1), and decided to close the exit passage from Han at 10: 00 on the same day and implement city closure management. From 10: 00 to 20: 00 on January 23, the defendant Yin Moumou drove his Dongfeng brand nine-seat minibus twice to transport passengers to and from Wuhan and Jiayu without an operation license. On February 4th, Yin was diagnosed as a pneumonia case infected by novel coronavirus. As of February 7, 20 people who were in close contact with Yin Moumou were concentrated and isolated. On February 5, Jiayu County People’s Procuratorate filed a case for supervision of Yin Moumou, and Jiayu County Public Security Bureau filed a case for investigation on Yin Moumou on the same day and monitored his residence. On February 10th, Jiayu County Public Security Bureau transferred the case for review and prosecution. On February 11th, Jiayu County People’s Procuratorate filed a public prosecution against Yin Moumou for the crime of obstructing the prevention and control of infectious diseases. Jiayu County People’s Court held a public hearing with a quick ruling procedure, adopted the sentencing suggestions of the procuratorate, and sentenced the defendant Yin Moumou to one year’s imprisonment for the crime of obstructing the prevention and control of infectious diseases.Yin Moumou did not appeal and the judgment came into effect.

　　Case 3: Wei Moumou, Laibin City, Guangxi Zhuang Autonomous Region, hindered the prevention and treatment of infectious diseases.

　　Defendant Wei Moumou worked in a fruit shop in South China Fruit Wholesale Market in Wuhan, Hubei Province for a long time, which is about 2 kilometers away from South China Seafood Market. On January G439, 2020, Wei Moumou returned to Laibin City on the same day before Wuhan was severely "closed" due to COVID-19 epidemic, and lived with his wife Zhang Moumou and other family members in a residential area in Xingbin District of Laibin City. On January 25, the community asked him to be isolated at home. Wei Moumou did not live in isolation as required. From January 26th to 29th, he went out to buy food or visit relatives and friends, attend Zhang Moumou’s mother’s funeral, and had close contact with many people. On January 30th, Wei’s wife, Zhang Moumou, developed cough symptoms, and they went to Laibin People’s Hospital for examination. On February 6th, Zhang Moumou was diagnosed with COVID-19 and was treated in isolation. The next day, Wei Moumou was also diagnosed with COVID-19 and was treated in isolation. On February 8th, Zhang Moufeng, Wei Moguang, Wei Mouxu and Wei Mouyi, who were in close contact with Zhang Moumou during the funeral, were all diagnosed with COVID-19. On February 9th, Zhang Mojiao, Wei Mosi, Cheng Mou and Cheng Mouwei, who were in close contact with Zhang Moumou during the funeral, were also diagnosed with COVID-19. Because Wei Moumou returned from Wuhan during the outbreak of COVID-19, and his wife Zhang Moumou, who was in close contact with him, had been diagnosed with COVID-19, on February 6th, Wei Moumou’s residential area and its surroundings were closed, and the village was closed on the same day because Zhang Moumou went back to his hometown to attend his mother’s funeral, and 122 people who were in close contact with them were concentrated in the hotel for medical observation.Defendant Wei Moumou did not implement home isolation measures, which caused a large number of people to be infected or isolated for medical observation, and some areas were closed. At the same time, it had a bad influence on society. The local government spent a lot of manpower, material resources and financial resources, and the consequences were very serious.

　　On February 7, 2020, because of the suspected crime, Xingbin Branch of Laibin Public Security Bureau filed a case against Wei Moumou, and the People’s Procuratorate of Xingbin District of Laibin City immediately intervened in the investigation to guide and collect evidence. Defendant Wei Moumou was arrested by Xingbin District People’s Procuratorate on February 17th, and was arrested by Xingbin Public Security Bureau the next day. Because of novel coronavirus, Xingbin Public Security Bureau decided to release him on bail on the same day. On February 24th, Xingbin Public Security Bureau transferred the case to Xingbin District People’s Procuratorate for review and prosecution. On March 19th, Xingbin District People’s Procuratorate filed a public prosecution with Xingbin District People’s Court for Wei Moumou’s crime of obstructing the prevention and treatment of infectious diseases. On June 5, the Xingbin District People’s Court sentenced Wei Moumou to one year and two months in prison for the crime of obstructing the prevention and treatment of infectious diseases. Wei Moumou did not appeal and the judgment came into effect.

　　Case 4: Sun Moumou, Nanchong City, Sichuan Province, hindered the prevention and treatment of infectious diseases

　　On January 20, 2020, Sun Moumou, who was engaged in nursing work in a hospital in Wuhan, Hubei Province, drove back to a town in Jialing District, Nanchong City, Sichuan Province with his wife, son, daughter-in-law and granddaughter. On January 21 ST, Sun Moumou attended a dinner party in a town in Jialing District, during which he contacted many people. On January 22, Sun Moumou developed symptoms of fever and cough, and his son drove him to a hospital in Lidu Town for treatment. Later, Sun Moumou returned to his hometown in a town from Lidu Town by bus and contacted many people. On the morning of January 23, Sun’s condition deteriorated, and his son drove him to the Jialing Campus of Nanchong Central Hospital for treatment. The doctor suspected that he was suspected of being infected with novel coronavirus and asked him to be treated in isolation. Sun did not listen to dissuasion and quietly fled the hospital, and returned to a town by bus, where he contacted many people. At about 14 o’clock on January 23, the staff forced Sun Moumou to be isolated for treatment. After being diagnosed and quarantined, Sun still concealed the real itinerary and activity trajectory, which led to the inability of the disease control department to carry out prevention and control work in time, and a large number of contact personnel were not recovered. Twenty-one people were observed in isolation, and three communities of 2, 3 and 4 clubs in a town were closed. On February 5th, Jialing Branch of Nanchong City Public Security Bureau filed an investigation on Sun Moumou’s case of allegedly obstructing the prevention and treatment of infectious diseases. The People’s Procuratorate of Jialing District of Nanchong City dispatched personnel to intervene in advance for the first time to guide investigation and evidence collection. On March 24th, the case was transferred to the People’s Procuratorate of Jialing District, Nanchong City for review and prosecution. The People’s Procuratorate of Jialing District of Nanchong City filed a public prosecution on March 27th. The Jialing District People’s Court held a hearing on April 10, 2020, pronounced a verdict in court and adopted the sentencing suggestions of the public prosecution.Sun was sentenced to 10 months in prison and suspended for one year. Sun Moumou did not appeal and the judgment came into effect.

　　Second, the case of fabricating and deliberately spreading false information

　　【 Essence of Law 】 During the period of epidemic prevention and control, whoever fabricates false epidemic information and spreads it on the information network or other media, or knowingly spreads it on the information network or other media, thus seriously disrupting social order, shall be convicted and punished for the crime of fabricating and intentionally spreading false information in accordance with the second paragraph of Article 291-1 of the Criminal Law. Whoever fabricates false information, or knowingly fabricates false information and spreads it on the information network, or organizes or instructs personnel to spread it on the information network, thus causing serious public disorder, shall be convicted and punished for the crime of stirring up trouble in accordance with the provisions of Item 4, Paragraph 1, Article 293 of the Criminal Law.

　　Case 5: Zhao Moumou in Anshan City, Liaoning Province fabricated and deliberately spread false information.

　　Defendant Zhao Moumou is an unemployed person. Since 2018, he has purchased police equipment, and has repeatedly posted videos of him wearing police equipment on social platforms to pretend to be a policeman. On January 26th, 2020, in order to satisfy vanity and expand network influence, Zhao set his photo in police uniform as WeChat avatar, and at the same time set the nickname of WeChat as "Anshan traffic police Xiaolong", and posted a message in WeChat circle of friends saying: "Anshan traffic police Xiaolong warmly reminds everyone! Today, Anshan city bus! All shut down! Starting from tomorrow, the long-distance passenger station will stop operating all long-distance buses! I’m on duty tonight. I’ll lead the team out on duty! Tonight starts at midnight! I led the team to close all the expressways in Anshan! All vehicles are not allowed to enter our Anshan! " "Anshan city, the whole city began to close the road tonight! Please drivers and friends! Please don’t go out if you have nothing to do, and distribute a number of police duty pictures. After the information was published, it was forwarded to friends circle and WeChat group by many netizens, and a large number of citizens telephoned relevant departments for consultation. Anshan Traffic Management Bureau answered 95 calls, Anshan 8890 Minsheng Service Platform answered 24 calls, and 110 Police Center answered 78 calls, which caused adverse effects and affected the normal order of epidemic prevention and control work. After the incident, the People’s Procuratorate of Tiexi District of Anshan City started the rapid response mechanism for major sensitive cases at the first time to grasp the progress and evidence collection of the cases.Fully exchange views with public security organs on evidence collection and application of laws. On February 10, 2020, Tiexi District People’s Procuratorate approved Zhao’s arrest for fabricating and deliberately spreading false information. On February 17th, Tiexi District People’s Procuratorate prosecuted Zhao for fabricating and deliberately spreading false information. On February 21, the Tiexi District People’s Court of Anshan City tried the case by quick adjudication procedure and pronounced it in court. All of them adopted the sentencing suggestions of the procuratorate and sentenced Zhao to one year and six months in prison for fabricating and deliberately spreading false information. Zhao did not appeal and the judgment came into effect.