2020 is destined to be an extraordinary year, this sudden outbreak of new crown pneumonia touched the hearts of hundreds of millions of Chinese, and the haze of the virus shrouded the sky of China. In the past 2 months, everyone's mood has been like a roller coaster, experiencing emotion, anxiety and anger, we are touched by the love of frontline workers, and angered by those who ignore the health safety of others and the law.

Since the outbreak of the epidemic, many people have been criminally filed on suspicion of "endangering public safety by dangerous methods" and "obstructing the prevention and control of infectious diseases".

Under the Penal Code, the crime of endangering public security by dangerous means carries a maximum penalty of death, which is a very serious offence, while the crime of obstructing the prevention and control of infectious diseases is a relatively minor offence, which carries a maximum sentence of seven years. The Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Justice issued the "Opinions on Lawfully Punishing Illegal Crimes that Hinder the Prevention and Control of the Novel Coronavirus Pneumonia Epidemic", which stipulates: Patients and pathogen carriers who have been diagnosed with novel coronavirus pneumonia refuse isolation treatment or leave isolation treatment without authorization before the isolation period expires, and enter public places or public transportation; Suspected patients with novel coronavirus pneumonia refuse isolation treatment or leave isolation treatment without authorization before the isolation period expires, and enter public places or public transportation, causing the spread of the new coronavirus, which constitutes the crime of endangering public safety by dangerous methods. Other refusal to implement the prevention and control measures proposed by health and epidemic prevention institutions in accordance with the Law on the Prevention and Control of Infectious Diseases, causing the spread of the new coronavirus or posing a serious risk of transmission, shall be convicted and punished as the crime of obstructing the prevention and control of infectious diseases in accordance with the provisions of Article 330 of the Criminal Law.

These two crimes are similar to a certain extent, but they are different in substance, and we will take you to see the difference between the two crimes from the following points.

1. Main aspect

The subjects constituting the crime of endangering public safety by dangerous methods are confirmed patients with novel coronavirus pneumonia, pathogen carriers and suspected patients; The subject of the crime of obstructing the prevention and control of infectious diseases is the general subject, in addition to the above-mentioned individuals, but also close contacts or units.

Second, the subjective aspect

The subjective aspect of the crime of endangering public safety by dangerous means is intentional, not only for the act of spreading the virus, but also for the harmful consequences, including direct intentionality of hope and indirect intentionality of permissiveness; However, the criminal intent of the crime of obstructing the prevention and control of infectious diseases is manifested in knowing that one's refusal of epidemic prevention measures in violation of the Law on the Prevention and Control of Infectious Diseases will result in endangering public health order, and hoping for or allowing such results, rather than causing the spread of infectious diseases or posing a serious risk of spreading. The crime of obstructing the prevention and control of infectious diseases as a result that causes the spread of infectious diseases or has a serious risk of transmission should be subjectively manifested as negligence.

3. Infringement of legal interests

The legal interests harmed by the crime of endangering public security by dangerous methods are the public security interests of an unspecified majority, that is, the social "public" interests abstracted from the legal interests of individuals such as life and body; The legal benefit of the crime of obstructing the prevention and control of infectious diseases is the public health management order of the prevention and control of infectious diseases.

4. Objective behavior

The objective aspect of the crime of endangering public safety by dangerous methods is manifested in two modes of behavior: first, patients with confirmed new coronary pneumonia and pathogen carriers, refuse isolation treatment or leave isolation treatment without authorization before the isolation period expires, and enter public places or public transportation. This mode of conduct punishes both dangerous and consequential offenders. Second, the suspected patient of new coronary pneumonia refuses isolation treatment or leaves isolation treatment without authorization before the isolation period expires, and enters public places or public transportation, causing the spread of the new coronavirus. This mode of conduct only punishes the perpetrator of the result. The objective aspect of the crime of obstructing the prevention and control of infectious diseases is manifested in the fact that, in addition to the two modes of conduct carried out by the above two types of special subjects, other acts that refuse to implement the prevention and control measures proposed by health and epidemic prevention institutions in accordance with the Law on the Prevention and Control of Infectious Diseases, causing the spread of the new coronavirus or posing a serious risk of transmission.

In order to achieve the unity of subjectivity and objectivity, and the compatibility of criminal responsibility and punishment, judicial organs need to accurately understand and grasp the constituent elements of crimes related to obstructing epidemic prevention and control stipulated in the Criminal Law, and strictly apply the law and judicial interpretations. At present, the Jiangsu Provincial High Court has given relevant guidance on the trial of the above two crimes.

1. When adjudicating the crime of endangering public safety by dangerous methods, judicial organs shall focus on examining whether the perpetrator has committed an act of transmitting infectious disease pathogens that are in close contact with others, such as entering public places or public transportation, whether the perpetrator's conduct endangers public safety, and whether the perpetrator knowingly transmits infectious disease pathogens because he knows that he is a confirmed or suspected patient of novel coronavirus pneumonia. When determining the perpetrator's subjective intention, comprehensive judgments shall be made on the basis of the actor's awareness of the infectious disease pathogen he or she carries, the degree of danger of the infectious disease pathogen transmitted by the act, and whether necessary protective measures have been taken.

2. In hearing the crime of obstructing the prevention and control of infectious diseases, judicial organs shall focus on examining whether the perpetrator has committed conduct in violation of the Law on the Prevention and Control of Infectious Diseases, such as refusing to implement the prevention and control measures proposed by the disease prevention and control institution in accordance with the Law on the Prevention and Control of Infectious Diseases, and whether the perpetrator's conduct objectively caused the spread of infectious diseases or has a serious risk of spreading. For patients diagnosed or suspected of novel coronavirus pneumonia concealing their contact history or travel history, resulting in the failure to discover close contacts in a timely manner, causing the spread of the new coronavirus or posing a serious risk of transmission, and concealing the epidemic-related contact history or travel and residence history in the process of medical treatment or quarantine prevention and quarantine, evading quarantine, compulsory isolation, isolation treatment, or refusing to accept quarantine, compulsory isolation, isolation treatment measures of medical and health institutions by violence, threats, etc., Those who cause the spread of the new coronavirus or have a serious risk of transmission shall be punished as the crime of obstructing the prevention and control of infectious diseases.

(This article is translated by software translator for reference only.)