In December 2019, a novel coronavirus pneumonia outbreak occurred in Wuhan. In order to curb the expansion and spread of the impact of the novel coronavirus pneumonia epidemic, The State Council, local governments at all levels and relevant departments have formulated corresponding emergency measures in accordance with the current situation of the epidemic in different regions, and in accordance with the Law of the People's Republic of China on the Prevention and Control of Infectious Diseases, the Law of the People's Republic of China on Emergency Response and other laws and regulations.

While preventing and treating the epidemic, it is also urgent to understand the criminal legal risks that may be involved behind the epidemic. This paper expounds the criminal legal responsibility of different subjects, and analyzes the possible criminal legal responsibility behind the epidemic on the basis of the criminal code and related judicial interpretations.

1. Endangering national security

 Those convicted of "inciting separatism" and "inciting subversion of state power" can be sentenced to up to 15 years in prison.

Criminal Law of the People's Republic of China

Article 103 (2) Whoever incites secession or undermines national unity shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights; Ringleaders or those who commit serious crimes shall be sentenced to fixed-term imprisonment of not less than five years.

 Ringleaders or those who commit serious crimes shall be sentenced to fixed-term imprisonment of not less than five years.

2. Spreading the novel coronavirus

1. Deliberately spreading the novel coronavirus

Xinhua News Agency reported that on February 1, 2020, a villager surnamed Kou from Hanshuigou Village, Lijiashan Town, Huangzhong County, Xining City, Qinghai Province, deliberately concealed his true itinerary and activities, fabricated false date information, deliberately concealed his cough, diarrhea and other symptoms, deceived investigators and visitors, and actively contacted the surrounding population many times, seriously disrupting the epidemic prevention and control work. Ximou suspected of endangering public security by dangerous methods was investigated by the public security organs, relevant measures were taken, and isolated and treated.

Those who knowingly suffer from the pathogen of the novel coronavirus and intentionally spread it, endangering public security, or those who knowingly suffer from the pneumonia caused by the novel coronavirus and intentionally endanger public security, are suspected of violating the provisions of Article 114 and paragraph 1 of Article 115 of the Criminal Law of the People's Republic of China, violating the crime of endangering public security by dangerous means, and may be sentenced to the maximum death penalty.

Criminal Law of the People's Republic of China

Article 114 Whoever sets fire to, breaches water, explodes water, explodes or releases toxic, radioactive, infectious disease pathogens or other substances or endangers public security by any other dangerous means, if no serious consequences have been caused, shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years.

Article 150 (1) Setting fire to, breaking water, exploding water, releasing dangerous substances, endangering public security by dangerous means (2) Setting fire to, breaking water, exploding, releasing toxic, radioactive, infectious disease pathogens, or other dangerous means to cause serious injury or death to a person, or causing heavy losses to public or private property; Shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.

2. Negligently spreading the novel coronavirus

The Xuzhou Public Security Bureau notified on February 2, 2020 that a man from Jiangsu province, after returning from Wuhan to Xuzhou, concealed that he had been to the affected area and had fever symptoms, still went to a number of public places, and had contact with unspecified people, and then Zhang was diagnosed as a pneumonia case of novel coronavirus infection. The police believe that Zhang's behavior has violated the relevant legal provisions, suspected of negligent dangerous methods to endanger public security was filed by the public security organs for investigation, criminal coercive measures were taken, and has been isolated and treated by medical institutions.

Those who are suffering from pneumonia caused by novel coronavirus infection and refuse to accept quarantine, compulsory isolation or treatment, negligently cause the spread of infectious diseases, and the circumstances are serious, endangering public security may be suspected of violating the provisions of the second paragraph of Article 115 of the Criminal Law of the People's Republic of China, committing the crime of "negligently endangering public security by dangerous means", and be sentenced to a maximum of seven years in prison.

Criminal Law of the People's Republic of China

Article 150 (2) Setting fire to, breaking water, exploding water, releasing dangerous substances, endangering public security by dangerous means 2) Setting fire to, breaking water, exploding, releasing toxic, radioactive, infectious disease pathogens, or other dangerous means to cause serious injury or death to a person, or causing heavy losses to public or private property, Shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.

Whoever negligently commits the crime mentioned in the preceding paragraph shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; If the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Third, do not cooperate with treatment

Patients who have been infected with or suspected of the novel coronavirus should unconditionally implement the prevention and control measures proposed by health and epidemic prevention agencies in accordance with the Law on the Prevention and Control of Infectious diseases, and cooperate in isolation and treatment. Those who refuse to cooperate may be suspected of violating the provisions of Article 330 of the Criminal Law of the People's Republic of China and committing the crime of "interfering with the prevention and control of infectious diseases", with a maximum sentence of seven years.

Criminal Law of the People's Republic of China

Article 330 Whoever, in violation of the provisions of the Law on the Prevention and Treatment of Infectious Diseases, commits any of the following acts, thereby causing the spread of A Class A infectious disease or causing a serious danger of such spread shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the consequences are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years:

(1) Drinking water supplied by a water supply unit does not meet the sanitary standards prescribed by the State;

(2) refusing to disinfect sewage, waste matter or feces contaminated by the pathogen of infectious diseases in accordance with the hygiene requirements set forth by a health and anti-epidemic agency;

(3) permitting or conniving at patients, pathogen carriers or suspected patients of infectious diseases to engage in work that is prohibited by the health administration department under The State Council and is liable to cause the spread of infectious diseases;

(4) refusing to implement the preventive and control measures proposed by the health and anti-epidemic agency in accordance with the Law on the Prevention and Treatment of Infectious Diseases.

Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph.

The scope of class A infectious diseases shall be determined in accordance with the Law of the People's Republic of China on the Prevention and Control of Infectious Diseases and the relevant provisions of The State Council.

4. Spreading rumors and terrorist information related to the epidemic

In June 2003, Huang Mou, the legal representative of a company in Beijing, in order to vent his dissatisfaction, worked with Li mou, a company employee, to fabricate false SARS terrorist information, fabricate the false facts that Xiao mou had fever, cough and other SARS symptoms, and instructed Li Mou, a subordinate employee, to call 120 emergency center with a mobile phone twice, informing Xiao mou that he had SARS symptoms and requesting rescue. And inform Xiao of the address and telephone number of the unit. Causing chaos in office buildings.

On June 11, 2003, the Second Intermediate People's Court of Beijing made the above judgment based on the facts, nature, circumstances and degree of harm to society of the two men's crimes, as well as their role in the joint crime. Huang was sentenced to six months in prison, and Li was sentenced to three months of criminal detention, suspended for six months.

Those who fabricate false or terrorist information related to the novel coronavirus epidemic, or knowingly spread such false or terrorist information to seriously disturb social order, may be suspected of violating the provisions of Article 291 of the Criminal Law of the People's Republic of China and committing the crime of "distributing false dangerous substances", with a maximum sentence of seven years.

Criminal Law of the People's Republic of China

Article 330 Whoever releases false explosive, toxic, radioactive or infectious disease pathogens or other materials, or fabricates terrorist information such as explosive, biological or chemical threats or radiological threats, or knowingly spreads such terrorist information, knowingly disrupting public order, shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance; If the consequences are serious, he shall be sentenced to fixed-term imprisonment of not less than five years. Whoever fabricates false danger, epidemic situation, disaster situation or police situation and disseminates it on information networks or other media, or knowingly disseminates such false information on information networks or other media, thus seriously disturbing social order, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; If the consequences are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

V. Epidemic Outbreak

(1) Disturbances in public places

People's Daily Online reported: On February 2, 2020, the public security organs received a warning that there was a disturbance at the east gate of a residential area in Qingdao, and the police rushed to the scene. After the investigation according to law, Wang was driving to enter the community, because his vehicle was not registered in the community, the doorman Zhao came forward to stop, and told the community that due to the epidemic prevention and control, strict vehicle access was required. Unexpectedly, Wang was very excited and insulted the guard, so the two sides had a quarrel. Wang got out of the car and grabbed Zhao by the collar and pushed Zhao, then pushed Zhao to the ground. After the police found out the facts of Wang's violation in accordance with the law, because of his behavior suspected of picking quarrels and provoking trouble, according to the provisions of Article 26 of the Law of the People's Republic of China on the Administration of Public Security Penalties, Wang was sentenced to 15 days of administrative detention.

Those who, during the period of prevention and control of the novel coronavirus epidemic, force or arbitrarily damage or occupy public or private property in serious circumstances, or make trouble in public places, causing serious disorder in public places, are suspected of violating the provisions of Article 43 and 49 of the Law on Public Security Administration and Penalties of the People's Republic of China and Article 293 of the Criminal Law of the People's Republic of China. The maximum sentence is ten years.

Law of the People's Republic of China on Penalties for Public Security Administration

Article 43 A person who beats another person or intentionally injures another person's body shall be detained for not less than five days but not more than 10 days and shall also be fined not less than 200 yuan but not more than 500 yuan; If the circumstances are relatively minor, he shall be detained for not more than five days or fined not more than 500 yuan.

Whoever falls under any of the following circumstances shall be detained for not less than 10 days but not more than 15 days and shall, in addition, be fined not less than 500 yuan but not more than 1,000 yuan:

(1) beating or injuring others in a gang;

(2) beating or injuring a disabled person, a pregnant woman, a person under the age of 14 or a person over the age of 60;

(3) beating or injuring another person repeatedly or beating or injuring more than one person at a time.

Article 49 Whoever steals, sams, cowers, snatches, extorts or intentionally damages or destroys public or private property shall be detained for not less than five days but not more than 10 days and may also be fined not more than 500 yuan; If the circumstances are relatively serious, he shall be detained for not less than 10 days but not more than 15 days and may, in addition, be fined not more than 1,000 yuan.

Criminal Law of the People's Republic of China

Article 293 Whoever commits any of the following acts of picking quarrels and provoking troubles, thus disrupting public order, shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance:

(1) beating another person at will and the circumstances are egregious;

(2) chasing, intercepting, verbally abusing or intimidating others, and the circumstances are egregious;

(3) Forcibly taking public or private property or willfully destroying or occupying it, if the circumstances are serious;

(4) making disturbances in public places, causing serious disorder in public places.

Whoever assembles others to repeatedly commit the acts mentioned in the preceding paragraph, thus seriously disrupting public order, shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and may also be fined.

(2) obstructing official duties

NetEase News reported: At about 9:30 am on February 2, 2020, village cadres of Luohan Village, Jiuguan Town, Nanxun District, Huzhou City, found that a home quarantine observer in the village, Wang Mou, tore the seal privately and went out without permission. Village cadres immediately came forward to advise, requiring them to comply with the relevant provisions of home isolation, Wang refused to cooperate. Subsequently, the village cadres contacted the town's Tangnan grid community police to assist. At this time, the police who are patrolling in other places immediately rushed to the scene, when the police invited Wang into the room to talk, Wang reacted violently, obstructing the police in a violent way, resulting in multiple injuries to the police face and neck. At present, the suspect Wang Mou was detained in accordance with the law by the district public security branch on suspicion of obstructing official duties.

Those who use violence or threats to obstruct state organ staff and Red Cross Society staff from performing prevention and control measures taken to prevent and control the novel coronavirus epidemic according to law, such as epidemic prevention, quarantine, compulsory isolation, isolation and treatment, may be suspected of violating the provisions of Article 277 of the Criminal Law of the People's Republic of China and committing the crime of "obstructing public affairs", with a maximum sentence of three years.

Criminal Law of the People's Republic of China

Article 277 Whoever, by violence or threat, obstructs a functionary of a State organ from performing his duties according to law shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or be fined.

Whoever, by means of violence or threat, obstructs a deputy to the National People's Congress or a local people's Congress at any level from performing his duties as a deputy according to law shall be punished in accordance with the provisions of the preceding paragraph.

Whoever, in the event of natural disasters or emergencies, obstructs by means of violence or threat the staff of the Red Cross Society from performing their duties according to law shall be punished in accordance with the provisions of the first paragraph.

Whoever deliberately obstructs a State security organ or a public security organ from carrying out the tasks of State security according to law, without resorting to violence or threat, thereby causing serious consequences, shall be punished in accordance with the provisions of the first paragraph.

Whoever violently attacks a people's policeman who is performing his duties according to law shall be given a heavier punishment in accordance with the provisions of the first paragraph.

(3) In order to prevent the spread of the novel coronavirus epidemic, unauthorized traffic interception, road cutting and other acts may be suspected of violating the provisions of Article 117 and 119 of the Criminal Law of the People's Republic of China, and committing the crime of "damaging traffic facilities" and "damaging means of transportation", and the maximum sentence is death.

Criminal Law of the People's Republic of China

Article 117 Whoever sabotages tracks, Bridges, tunnels, highways, airports, navigation channels, lighthouses, signs or conducts other destructive activities that are sufficient to cause the danger of overturning or destroying a train, automobile, tram, ship or aircraft, but have not caused serious consequences, shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years.

Article 119 Whoever destroys means of transport, transport facilities, electric power equipment, inflammable and explosive equipment, if the consequences are serious, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.

Whoever negligently commits the crime mentioned in the preceding paragraph shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; If the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

6. Epidemic materials

(1) Producing and selling counterfeit and substandard drugs

China Court Network reported: April 25 to 27, 2003, the defendant Shao Mou in the absence of a production license, in his own home to produce light soy beans, and their production of light soy beans 100 kilograms to the Anguo pharmaceutical market for sale, but not sold. On April 27, Shao was jointly seized by the Public Security Bureau of Anguo City and the Drug Administration of Anguo City, a total of 1600 kg of finished products of light soy bean, 600 kg of raw materials for processing light soy bean, 50 kg of gypsum, valued at 48,000 yuan, after the inspection of the drug control Institute of Anguo City, the ingredients of light soy bean produced by Shao do not meet the relevant standards and are fake drugs. The defendant Shao was sentenced to two years in prison and fined 48,000 yuan.

During the period of prevention and control of disasters such as the outbreak of infectious diseases, any act of producing or selling shoddy preventive and protective products or materials, or producing or selling fake or substandard drugs for the prevention and control of infectious diseases shall, in accordance with the provisions of Articles 140, 141 and 142 of the Criminal Law of our country, be regarded as the crime of producing or selling shoddy products and the crime of producing or selling fake drugs. If convicted of producing or selling substandard drugs, the maximum sentence shall be 15 years' imprisonment or life imprisonment.

Criminal Law of the People's Republic of China

Article 140 Any producer or seller who adulterates or adulterates a product, passes it off as genuine, passes it off as defective or passes it off as qualified, and the sales amount is not less than 50,000 yuan but not more than 200,000 yuan shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention and shall also, or shall only, be fined not less than 50 percent but not more than two times the sales amount; If the sales amount is not less than 200,000 yuan but not more than 500,000 yuan, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years and shall also be fined not less than 50% but not more than two times the sales amount; If the sales amount is not less than 500,000 yuan but not more than 2 million yuan, he shall be sentenced to fixed-term imprisonment of not less than seven years and shall also be fined not less than 50% but not more than two times the sales amount; If the sales amount is not less than 2 million yuan, he shall be sentenced to fixed-term imprisonment of 15 years or life imprisonment and shall also be fined not less than 50 percent but not more than two times the sales amount or confiscation of property.

Article 141 Whoever produces or sells counterfeit drugs shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; If he causes serious harm to human health or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined; If he causes death to another person or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death and shall also be fined or be sentenced to confiscation of property. The term "counterfeit drugs" as mentioned in this Article refers to drugs and non-drugs that are counterfeit drugs or treated as such in accordance with the provisions of the Drug Administration Law of the People's Republic of China.

Article 142 Whoever produces or sells drugs of inferior quality, thus causing serious harm to human health, shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined not less than 50 percent but not more than two times the amount of sales; If the consequences are especially serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined not less than 50 percent but not more than two times the sales amount or confiscation of property. The term "inferior drugs" as mentioned in this Article refers to drugs that are inferior drugs in accordance with the provisions of the Drug Administration Law of the People's Republic of China.

(2) The production and sale of medical equipment that does not meet the standards

Luzhou Government network reported: On January 26, 2020, the market supervision Administration of Jiangyang District of Luzhou City seized 3 boxes (156) of masks with no Chinese logo, no manufacturer, production address, approval number and other information in the farmers' market of Neighboring Yu Street. The parties' behavior is suspected of operating instructions and labels that do not comply with the medical devices stipulated in the Regulations on the Supervision and Administration of Medical Devices, and the Jiangyang District Market Supervision and Administration Bureau immediately seized the appeal mask, and is currently conducting a comprehensive investigation and processing of the case in accordance with law enforcement procedures.

Whoever produces medical instruments or medical hygiene materials that do not meet the State standards or trade standards for safeguarding human health, or knowingly sells medical instruments or medical hygiene materials that do not meet the State standards or trade standards for safeguarding human health and are enough to endanger human health, shall be convicted and punished in accordance with Article 145 of the Criminal Law for the crime of producing or selling medical equipment that do not meet the standards.

Criminal Law of the People's Republic of China

Article 145 Whoever produces medical instruments or medical hygiene materials that do not meet the national standards or the trade standards for the protection of human health, or knowingly sells medical instruments or medical hygiene materials that do not meet the national standards or the trade standards for the protection of human health and are enough to seriously endanger human health, He shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined not less than 50 percent but not more than two times the amount of sales; If serious harm is caused to human health, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined not less than 50 percent but not more than two times the amount of sales; If the consequences are especially serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined not less than 50 percent but not more than two times the sales amount or confiscation of property.

(3) Driving up the prices of prevention and control materials

Sohu News Network reported: Beijing Jimin Kangtai Pharmacy Co., LTD. Fengtai District fifty-fifth branch, sales of 3M anti-haze mask 8511CN N95 breathing valve anti-dust mask anti-haze (headwear) mask (10 / box), the sales price of 850 yuan per box, the network price is only 143 yuan. For using the opportunity of epidemic prevention and control to raise prices and disrupt market price order, the Fengtai District Market Supervision Bureau was investigated and punished, and issued a fine of 3 million yuan. On January 29, the drugstore involved was closed.

During the outbreak of the epidemic, due to the increased demand for drugs and preventive supplies, some lawbreakers began to hoard a large number of epidemic prevention supplies that were in short supply on the market, greatly increasing their sales prices, and colluding in price increases. Such behavior will not only face administrative penalties, but is more likely to be suspected of criminal offenses.

Interpretation on Several Issues concerning the Specific Application of Law in Handling Criminal Cases that Interfere with the Prevention and Control of Infectious Disease Outbreaks and other Disasters

Article 6 Whoever, in violation of State regulations on market operation and price control during the period of prevention and control of sudden epidemics of infectious diseases and other disasters, drives up prices, seeks excessive profits and seriously disturbs market order, with a relatively large amount of illegal gains or other serious circumstances, shall be convicted of illegal business operations in accordance with the provisions of Article 225, Item (4), of the Criminal Law. A heavier punishment according to law."

Criminal Law of the People's Republic of China

Article 225 Whoever, in violation of State regulations, commits any of the following illegal business operations, thus disrupting market order, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also, or shall only, be fined not less than one time but not more than five times the illegal gains; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined not less than one time but not more than five times the illegal gains or confiscation of property:

(1) dealing without permission in articles that are exclusively or exclusively sold or other articles that are restricted from sale as provided by laws or administrative regulations;

(2) buying or selling import or export licenses, certificates of origin for import or export, or other business licenses or approval documents prescribed by laws and administrative regulations;

(3) Illegally engaging in securities, futures or insurance business, or illegally engaging in fund payment and settlement business without the approval of the relevant competent department of the State;

(4) Other illegal operations that seriously disrupt market order.

(4) False advertising or false propaganda

Zhejiang News Network reported: On January 26, 2020, Zhejiang Advertising Monitoring Center monitored a treasure store with a safety goggles advertising slogan suspected of illegal. The title of the product is: Expert Zhong Nanshan recommends large frame goggles to prevent spattering saliva for men and women to block smoke dust cycling goggles, and released a GIF in the details page, the video screenshot, containing the following advertising terms: Wang Guangfa of the first hospital of the North University disclosed the treatment situation on Weibo, suspected of infection caused by not wearing goggles. The municipal Market Supervision Administration immediately checked the site and found that the online shop did exist in the above situation. The case is currently under further investigation.

Whoever, during the outbreak of an epidemic, under the guise of preventing or controlling sudden epidemics of infectious diseases or other disasters, falsely advertises the commodities or services he sells, thus causing many people to be deceived, if the amount of illegal gains is relatively large or if there are other serious circumstances, shall be convicted of the crime of false advertising and sentenced to fixed-term imprisonment of not more than two years or criminal detention in accordance with the provisions of Article 222 of the Criminal Law. Shall also or shall only be fined.

Criminal Law of the People's Republic of China

Article 220 Any advertiser, advertising agent or advertisement publisher who, in violation of State regulations, uses advertisements to make false publicity for commodities or services, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention and shall also, or shall only, be fined.

7. Seizing property in the name of the epidemic

(1) Fraud in the name of prevention and control

Whoever, during the period of preventing or controlling the outbreak of infectious diseases or other disasters, defrauds a relatively large amount of public or private property under the guise of developing, producing or selling the articles for the prevention or control of the outbreak of infectious diseases or other disasters, shall be convicted of fraud in accordance with the provisions of Article 266 of the Criminal Law and given a heavier punishment according to law.

Criminal Law of the People's Republic of China

Article 266 Whoever defrauds public or private property, if the amount involved is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also, or shall only, be fined; If the amount involved is huge, or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined; If the amount involved is especially huge or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined or have property confiscated. Where this Law provides otherwise, such provisions shall prevail.

(2) embezzling disaster relief funds without authorization

Any person who, without lawful approval, transfers or uses funds and materials used for disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration and relief, or uses such funds and materials for building buildings, engaging in commercial operations or investing in industrial construction, shall, in accordance with the provisions of Article 273 of the Criminal Law, be guilty of misappropriating specific funds and materials, and the circumstances are serious. If serious damage is caused to the interests of the State or the people, the person who is directly responsible shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Criminal Law of the People's Republic of China

Article 273 Misappropriating specific money and things for disaster relief, emergency rescue, flood control,

If the circumstances are so serious that the interests of the State and the people suffer heavy damage, the persons directly responsible shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Failure of public officials to act

(1) Abuse of power and neglect of duty

During the outbreak of epidemic diseases, state functionaries responsible for organizing, coordinating, directing, disaster investigation, control, medical treatment, information transmission, transportation, material support, etc. abuse their power or neglect their duties, resulting in heavy losses to public property, the interests of the state and the people, In accordance with the provisions of Article 397 of the Criminal Law, he shall be convicted and punished for the crime of abuse of power and neglect of duty.

Criminal Law of the People's Republic of China

Article 397 Any functionary of a State organ who abuses his power or neglects his duty, thus causing heavy losses to public property or to the interests of the state and the people, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. Where this Law provides otherwise, such provisions shall prevail. Any functionary of a State organ who engages in malpractices for personal gain and commits the crime mentioned in the preceding paragraph shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years. Where this Law provides otherwise, such provisions shall prevail.

(2) dereliction of duty by public officials

In March 2003, the defendant Wang, as a member of the health administration department, should promptly reflect the epidemic situation in order to block the spread of the epidemic source. However, because they concealed the epidemic situation, violated the government's regulations on the prevention and control of SARS, and knew that others were likely to be infected, they allowed them to stay in society, causing close contacts of SARS to lose control for a long time, resulting in the serious consequences of the spread of SARS.

During the prevention and control of disasters such as the outbreak of infectious diseases, personnel engaged in the prevention and treatment of infectious diseases by the administrative departments of public health of the government, or personnel engaged in public service in organizations entrusted by the administrative departments of public health of the government to exercise functions and powers on behalf of the administrative departments of public health of the government, or personnel engaged in public service in the administrative departments of public health of the government although not included in the personnel establishment of the administrative departments of public health of the government, Whoever, while exercising his functions and powers on behalf of the administrative department of public health of the government, grossly neglects his responsibilities and thus causes the spread or prevalence of infectious diseases, if the circumstances are serious, shall be convicted and punished in accordance with the provisions of Article 409 of the Criminal Law for dereliction of duty in the prevention and control of infectious diseases.

Criminal Law of the People's Republic of China

Article 409 Any employee of the administrative department of public health of a government engaged in the prevention and treatment of infectious diseases who grossly neglects his duty, thus causing the spread or prevalence of an infectious disease, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.