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Notice by the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security of the Opinions on Further Strengthening Frontier Health and Quarantine Efforts as well as Lawfully Punishing Illegal and Criminal Activities that Impair Frontier Health and Quarantine [Effective]
最高人民法院、最高人民检察院、公安部等印发《关于进一步加强国境卫生检疫工作 依法惩治妨害国境卫生检疫违法犯罪的意见》的通知 [现行有效]
【法宝引证码】

Notice by 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 of the Opinions on Further Strengthening Frontier Health and Quarantine Efforts as well as Lawfully Punishing Illegal and Criminal Activities that Impair Frontier Health and Quarantine 

最高人民法院、最高人民检察院、公安部、司法部、海关总署印发《关于进一步加强国境卫生检疫工作 依法惩治妨害国境卫生检疫违法犯罪的意见》的通知

(No. 50 [2020], General Administration of Customs) (署法发〔2020〕50号)

The higher people's courts, higher people's procuratorates, public security departments (bureaus), and judicial departments (bureaus) of all provinces, autonomous regions and municipalities directly under the Central Government; the Military Court and Military Procuratorate of the People's Liberation Army; and the Production and Construction Corps Branch of the Higher People's Court of Xinjiang Uygur Autonomous Region, and the People's Procuratorate, the Public Security Bureau, and the Justice Bureau of Xinjiang Production and Construction Corps; the Guangdong Branch of the General Administration of Customs; Tianjin and Shanghai special commissioner's offices of the General Administration of Customs; and all customs offices directly under the General Administration of Customs: 各省、自治区、直辖市高级人民法院、人民检察院、公安厅(局)、司法厅(局),解放军军事法院、军事检察院,新疆维吾尔自治区高级人民法院生产建设兵团分院、新疆生产建设兵团人民检察院、公安局、司法局,海关总署广东分署,海关总署驻天津、上海特派办,各直属海关:
For the purposes of implementing the Opinions of the Central Comprehensive Law-based Governance Commission on Preventing and Controlling the Outbreak of COVID-19 and Maintaining the Life Safety and Physical Health of the General Public, ensuring the effective coordination between administrative enforcement and judicial justice involving frontier health and quarantine as well as accurate application of the relevant laws and regulations, and providing strong legal guarantee for preventing the epidemic from spreading across borders, maintaining public health and safety, and safeguarding social stability and order, 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 have jointly developed the Opinions on Further Strengthening Frontier Health and Quarantine Efforts as well as Lawfully Punishing Illegal and Criminal Activities that Impair Frontier Health and Quarantine, which are hereby issued for your earnest implementation according to actual conditions. Any circumstance or problem arising from the implementation shall be respectively reported to 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 in a timely manner. 为贯彻落实《中央全面依法治国委员会关于依法防控新型冠状病毒感染肺炎疫情、切实保障人民群众生命健康安全的意见》,保证国境卫生检疫所涉行政执法和刑事司法的有效衔接、相关法律法规的准确适用,为防控疫病疫情跨境传播、维护公共卫生安全和社会安定有序提供有力的法治保障,最高人民法院、最高人民检察院、公安部、司法部、海关总署联合制定了《关于进一步加强国境卫生检疫工作 依法惩治妨害国境卫生检疫违法犯罪的意见》。现予以印发,请结合实际认真贯彻执行。在执行中遇到有关情况和问题,请分别及时报告最高人民法院、最高人民检察院、公安部、司法部、海关总署。
Supreme People's Court 最高人民法院
Supreme People's Procuratorate 最高人民检察院
Ministry of Public Security 公安部
Ministry of Justice 司法部
General Administration of Customs 海关总署
March 13, 2020 2020年3月13日
Opinions of 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 on Further Strengthening Frontier Health and Quarantine Efforts as well as Lawfully Punishing Illegal and Criminal Activities that Impair Frontier Health and Quarantine 最高人民法院、最高人民检察院、公安部、司法部、海关总署关于进一步加强国境卫生检疫工作 依法惩治妨害国境卫生检疫违法犯罪的意见
For the purposes of further strengthening frontier health and quarantine efforts and lawfully punish illegal and criminal activities that hinder frontier health and quarantine, maintaining public health and safety, and ensuring the people's life safety and physical health, these Opinions are hereby developed in accordance with the provisions of the relevant laws and judicial interpretations. 为进一步加强国境卫生检疫工作,依法惩治妨害国境卫生检疫违法犯罪行为,维护公共卫生安全,保障人民群众生命安全和身体健康,根据有关法律、司法解释的规定,制定本意见。
I. Fully recognizing the importance of frontier health and quarantine in maintaining public health and safety   一、充分认识国境卫生检疫对于维护公共卫生安全的重要意义
Frontier health and quarantine plays a significant role in preventing infectious diseases from entering and leaving the country, ensuring the life safety and physical health of the general public, maintaining public health and safety, and safeguarding social stability and order. The CPC Central Committee and the State Council have attached great importance to the frontier health and quarantine work. Particularly after the epidemic outbreak, General Secretary Xi Jinping has made a series of important instructions on strengthening legal guarantee for public health, reforming and improving the system of epidemic prevention and control, enhancing the mechanism of combining prevention and treatment, coordinating prevention and control, and mobilizing the public in epidemic prevention and treatment. The people's courts, the people's procuratorates, the public security organs, the administrative organs of justice, and the Customs at all levels shall effectively heighten political stance, unify their thoughts and actions with the spirit of important instructions made by General Secretary Xi Jinping, firmly fulfill the decisions and arrangements of the CPC Central Committee, strengthen the “awareness of maintaining political integrity, thinking in big-picture terms, keeping the CPC as the core of leadership, and acting consistently with the policies of the CPC Central Committee”, have confidence in “our path, guiding theories, political system and culture”, resolutely “defend the status of General Secretary Xi Jinping as the core of the CPC Central Committee and the whole Party and defend the authority and leadership of the CPC Central Committee”. From the perspective of adopting a holistic approach to national security and promoting the building of a community with a shared future for mankind, they shall always put the people's life safety and physical health in the first place, and effectively improve administrative enforcement and case-handling capability in the frontier health and quarantine work. Especially in facing the serious situation that the novel coronavirus is spreading overseas and the risk of imported virus outbreak through ports is increasing, all types of illegal and criminal activities that impede frontier health and quarantine shall be promptly and strictly punished according to the law, the defense line of frontier health and quarantine shall be effectively intensified, the spreading and diffusion of the epidemic through ports shall be resolutely contained, and strong legal guarantee for maintaining the public health and safety shall be provided. 国境卫生检疫对防止传染病传入传出国境,保障人民群众生命安全和身体健康,维护公共卫生安全和社会安定有序发挥着重要作用。党中央、国务院高度重视国境卫生检疫工作,特别是新冠肺炎疫情发生以来,习近平总书记对强化公共卫生法治保障、改革完善疾病预防控制体系、健全防治结合、联防联控、群防群治工作机制作出一系列重要指示批示。各级人民法院、人民检察院、公安机关、司法行政机关、海关要切实提高政治站位,把思想和行动统一到习近平总书记重要指示批示精神上来,坚决贯彻落实党中央决策部署,增强“四个意识”、坚定“四个自信”、做到“两个维护”;从贯彻落实总体国家安全观、推动构建人类命运共同体的高度,始终将人民群众的生命安全和身体健康放在第一位,切实提升国境卫生检疫行政执法和司法办案水平。特别是面对当前新冠肺炎疫情在境外呈现扩散态势、通过口岸向境内蔓延扩散风险加剧的严峻形势,要依法及时、从严惩治妨害国境卫生检疫的各类违法犯罪行为,切实筑牢国境卫生检疫防线,坚决遏制疫情通过口岸传播扩散,为维护公共卫生安全提供有力的法治保障。
II. Lawfully punishing illegal and criminal activities that disturb frontier health and quarantine   二、北大法宝,版权所有依法惩治妨害国境卫生检疫的违法犯罪行为
To strengthen the frontier health and quarantine work, prevent infectious diseases from spreading into or out of the country, and protect the health and safety of the general public, the Criminal Law and the Frontier Health and Quarantine Law have formulated provisions on illegal and criminal activities that hinder frontier health and quarantine as well as the punishment. In handling cases of impairing frontier health and quarantine, the people's courts, the people's procuratorates, the public security organs, and the Customs shall correctly understand and strictly apply the relevant provisions of the Criminal Law and the Frontier Health and Quarantine Law, and punish the relevant illegal and criminal activities according to the law. 为加强国境卫生检疫工作,防止传染病传入传出国境,保护人民群众健康安全,刑法国境卫生检疫法对妨害国境卫生检疫违法犯罪行为及其处罚作出规定。人民法院、人民检察院、公安机关、海关在办理妨害国境卫生检疫案件时,应当准确理解和严格适用刑法国境卫生检疫法等有关规定,依法惩治相关违法犯罪行为。
1. Further strengthening administrative enforcement for frontier health and quarantine: The Customs shall strengthen the publicity of the frontier health and quarantine work at all ports, and guide the persons entering or leaving the country as well as entities and their employees under quarantine and supervision in observing the laws and regulations regarding frontier health and quarantine as well as cooperating with the Customs on frontier health and quarantine. In the meanwhile, the Customs shall intensify administrative enforcement and impose administrative penalties on activities that violate the Frontier Health and Quarantine Law and the detailed rules for its implementation but that do not constitute a crime. (一)进一步加强国境卫生检疫行政执法。海关要在各口岸加强国境卫生检疫工作宣传,引导出入境人员以及接受检疫监管的单位和人员严格遵守国境卫生检疫法等法律法规的规定,配合和接受海关国境卫生检疫。同时,要加大国境卫生检疫行政执法力度,对于违反国境卫生检疫法我不休息我还能学及其实施细则,尚不构成犯罪的行为,依法给予行政处罚。
2. Lawfully punishing the crime of impairing frontier health and quarantine: Whoever commits one of the following acts in violation of the provisions on frontier health and quarantine as prescribed in Article 332 of the Criminal Law shall be identified as impairing frontier health and quarantine: (二)依法惩治妨害国境卫生检疫犯罪。根据刑法三百三十二条规定,违反国境卫生检疫规定,实施下列行为之一的,属于妨害国境卫生检疫行为:
1) refusal, by people with quarantinable infectious diseases or those suspected to have such diseases, of health and quarantine measures such as health declaration, temperature checking, medical inspection, epidemiological investigation, medical screening and sampling, or of sanitary treatment measures such as isolation, detention, local examination, and referral, as proposed by the Customs in accordance with laws and regulations, such as the Frontier Health and Quarantine Law; 1. 检疫传染病染疫人或者染疫嫌疑人拒绝执行海关依照国境卫生检疫法等法律法规提出的健康申报、体温监测、医学巡查、流行病学调查、医学排查、采样等卫生检疫措施,或者隔离、留验、就地诊验、转诊等卫生处理措施的;
2) concealment, by people with quarantinable infectious diseases or those suspected to have such diseases, of epidemic information by inaccurately reporting health statement cards, and other methods, or by falsifying quarantine forms such as counterfeiting or altering quarantine forms or certificates; 2. 检疫传染病染疫人或者染疫嫌疑人采取不如实填报健康申明卡等方式隐瞒疫情,或者伪造、涂改检疫单、证等方式伪造情节的;
3) entry-exit transport or posting without approval of special articles such as microorganisms, human tissues, biological products, blood, and blood products that may cause the spread of quarantinable infectious diseases by those who know or ought to know that such articles may cause the spread of diseases but still evade quarantine; 3. 知道或者应当知道实施审批管理的微生物、人体组织、生物制品、血液及其制品等特殊物品可能造成检疫传染病传播,未经审批仍逃避检疫,携运、寄递出入境的;
4) refusal of quarantine or sanitation measures by the person in charge of a vehicle which is transporting people with quarantinable infectious diseases or suspected epidemic victims; 4. 出入境交通工具上发现有检疫传染病染疫人或者染疫嫌疑人,交通工具负责人拒绝接受卫生检疫或者拒不接受卫生处理的;
5) concealment of non-accidental deaths with unknown cause on public transport by the person in charge of such transport, when the vehicle is from a region or country where an infectious disease is rampant; or 5. 来自检疫传染病流行国家、地区的出入境交通工具上出现非意外伤害死亡且死因不明的人员,交通工具负责人故意隐瞒情况的;
6) other refusal to implement quarantine measures proposed by the Customs in accordance with laws and regulations, such as the Frontier Health and Quarantine Law. 6. 其他拒绝执行海关依照国境卫生检疫法等法律法规提出的检疫措施的。
Those who commit the aforementioned acts and cause the spread of or the serious risk of spreading plague, cholera, yellow fever, COVID-19 or other quarantinable infectious diseases confirmed and released by the State Council shall be convicted of and punished for the crime of impairing frontier health and quarantine. 实施上述行为,引起鼠疫、霍乱、黄热病以及新冠肺炎等国务院确定和公布的其他检疫传染病传播或者有传播严重危险的,依照刑法三百三十二条的规定,以妨害国境卫生检疫罪定罪处罚。
Where an entity commits the act of hindering frontier health and quarantine and causes the spread of or the serious risk of spreading plague, cholera, yellow fever, COVID-19 or other quarantinable infectious diseases confirmed and released by the State Council, it shall be fined, and the directly liable person in charge and other directly liable persons shall be convicted and punished. 对于单位实施妨害国境卫生检疫行为,引起鼠疫、霍乱、黄热病以及新冠肺炎等国务院确定和公布的其他检疫传染病传播或者有传播严重危险的,应当对单位判处罚金,并对其直接负责的主管人员和其他直接责任人员定罪处罚。
III. Improving the work mechanism and safeguarding orderly prevention and control based on scientific analysis according to the law   三、健全完善工作机制,保障依法科学有序防控
1. Coordinating administrative enforcement and criminal justice: The Customs shall strictly manage the epidemic prevention and control at all ports, investigate the administrative liability as set forth in the provisions on frontier health and quarantine, optimize the law enforcement and case handling process, and persist in rigorous law enforcement and case handling according to the law. The coordination between administrative enforcement and criminal justice shall be properly handled. For a case that meets the standards for investigation and prosecution of criminal cases, the relevant formalities of transferring the case to the public security organ shall be handled in a timely manner, and no administrative penalty shall be imposed in place of criminal penalty. (一)做好行刑衔接。海关要严把口岸疫情防控第一关,严厉追究违反国境卫生检疫规定的行政法律责任,完善执法办案流程,坚持严格执法和依法办案。做好行政执法和刑事司法的衔接,对符合国境卫生检疫监管领域刑事案件立案追诉标准的案件,要依照有关规定,及时办理移送公安机关的相关手续,不得以行政处罚代替刑事处罚。
2. Accelerating the investigation and handling of cases: The public security organs shall promptly file and investigate cases involving the crime of impairing frontier health and quarantine, and spare no effort to collect and fix evidences. For criminal cases of impairing frontier health and quarantine that occur during the outbreak of COVID-19, the public security organs shall accelerate the investigation process, and expose the cases in a timely manner so as to create a strong deterrent effect. (二)加快案件侦办。公安机关对于妨害国境卫生检疫犯罪案件,要依法及时立案查处,全面收集固定证据。对新冠肺炎疫情防控期间发生的妨害国境卫生检疫犯罪,要快侦快破,并及时予以曝光,形成强大震慑。
3. Strengthening procuratorial duties: The people's procuratorates shall strengthen the supervision of the filing of cases involving the crime of frontier health and quarantine, explain the reasons to the public security organs if a case that should be filed fails to be filed, and, if the reasons are deemed unjustifiable, notify the public security organs of case filing according to the law. For cases involving the crime of frontier health and quarantine, the people's procuratorates shall provide opinions and suggestions to the public security organs in terms of case nature, evidence collection, and application of law. For a criminal suspect who meets the conditions for arrest and prosecution and is suspected of committing the crime of frontier health and quarantine, the people's procuratorates shall approve the arrest and institute a public prosecution in a timely manner. Furthermore, the people's procuratorates shall maximize the role of making proposals for prosecution work and promote the governance of epidemic prevention and control in a systematic manner. (三)强化检察职能。人民检察院要加强对妨害国境卫生检疫犯罪案件的立案监督,发现应当立案而不立案的,应当要求公安机关说明理由,认为理由不成立的,应当依法通知公安机关立案。对于妨害国境卫生检疫犯罪案件,人民检察院可以对案件性质、收集证据和适用法律等向公安机关提出意见建议。对于符合逮捕、起诉条件的涉嫌妨害国境卫生检疫罪的犯罪嫌疑人,应当及时批准逮捕、提起公诉。发挥检察建议的作用,促进疫情防控体系化治理。
4. Strengthening communication and coordination: The people's courts, the people's procuratorates, the public security organs, the administrative organs of justice, and the Customs shall strengthen communication and coordination, build smooth channels for communication, and establish a routine mechanism of cooperation. They shall not only strictly fulfill their statutory duties and assume respective responsibilities, but also cooperate with each other, and share resources with and draw on strengths from each other, so as to join forces to punish illegal and criminal activities that impede frontier health and quarantine. In handling major cases with huge social impacts and widespread public concerns, they shall promptly clarify the facts, and effectively guide and handle the public opinions according to the requirements for handling cases according to the law, guiding public opinions and managing social security. . (四)加强沟通协调。人民法院、人民检察院、公安机关、司法行政机关、海关要加强沟通协调,畅通联系渠道,建立常态化合作机制。既要严格履行法定职责,各司其职,各负其责,又要相互配合,相互协作,实现资源共享和优势互补,形成依法惩治妨害国境卫生检疫违法犯罪的合力。对社会影响大、舆论关注度高的重大案件,要按照依法处置、舆论引导、社会面管控“三同步”要求,及时澄清事实真相,做好舆论引导和舆情应对工作。
5. Following the principle of penalties commensurate with criminal activities: Effort shall be made to further standardize law enforcement in frontier health and quarantine to ensure that law enforcement will be strictly regulated with impartiality and discipline. The policy of severity with leniency shall be properly implemented: For violations of administrative regulations, the type and severity of punishment shall be determined according to the degree of harm caused by violations and the repentance of violators. If violators are suspected of a crime, the focus shall be placed on punishing criminal activities with execrable circumstances and serious consequences; and if the circumstances are minor and violators show repentance, leniency shall be granted according to the law. (五)坚持过罚相当。进一步规范国境卫生检疫执法活动,切实做到严格规范公正文明执法。注重把握宽严相济政策:对于行政违法行为,要根据违法行为的危害程度和悔过态度,综合确定处罚种类和幅度。对于涉嫌犯罪的,要重点打击情节恶劣、后果严重的犯罪行为;对于情节轻微且真诚悔改的,依法予以从宽处理。
6. Maintaining fairness and justice: The people's courts, the people's procuratorates, and the public security organs shall protect the various procedural rights of criminal suspects and defendants, particularly their rights to defense according to the law, effectively safeguard the lawful rights and interests of criminal suspects and defendants, and ensure law enforcement will be carried out in a correct way. The administrative organs of justice shall strengthen guidance to and supervision on lawyers' defense and representation work, and support lawyers in practicing business according to laws and regulations. The people's courts, the people's procuratorates, the public security organs, the administrative organs of justice, and the Customs shall earnestly implement the accountability of “whoever enforces law shall disseminate the knowledge of law”, select typical cases, and interpret law with actual cases. Furthermore, they shall strengthen efforts to caution and deter potential perpetrators, convey positive messages to the public, and create a favorable legal and social environment for epidemic prevention and control.来自北大法宝 (六)维护公平正义。人民法院、人民检察院、公安机关要依法保障犯罪嫌疑人、被告人的各项诉讼权利特别是辩护权,切实维护当事人合法权益,维护法律正确实施。司法行政机关要加强对律师辩护代理工作的指导监督,促进律师依法依规执业。人民法院、人民检察院、公安机关、司法行政机关、海关要认真落实“谁执法谁普法”责任制,选取典型案例,开展以案释法,加大警示教育,震慑不法分子,释放正能量,为疫情防控营造良好的法治和社会环境。
     
     
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