In order to implement the "Opinions of the Central Committee for Comprehensive Rule of Law on Preventing and Controlling the Novel Coronavirus Pneumonia Epidemic in Accordance with the Law and Effectively Safeguarding the Life and Health of the People" deliberated and approved by the Third Meeting of the Central Committee for Comprehensive Rule of Law, 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 jointly issued the "Opinions on Further Strengthening Frontier Health and Quarantine Work and Punishing Crimes Hindering Frontier Health and Quarantine in Accordance with the Law" on March 16.

Guided by Xi Jinping's Thought on Socialism with Chinese Characteristics for a New Era, the "Opinions" implement the spirit of General Secretary Xi Jinping's series of important instructions and instructions on the prevention and control of the novel coronavirus pneumonia epidemic, follow the decision-making and deployment of the Central Leading Group on Responding to the Novel Coronavirus Pneumonia Epidemic, and are based on the relevant provisions of laws and regulations such as the Criminal Law and the Frontier Health and Quarantine Law, as well as judicial interpretations. At the same time, combined with the functions of the public security, procuratorate, law, justice, and customs, it puts forward clear requirements for further strengthening frontier health and quarantine work and punishing crimes hindering frontier health and quarantine in accordance with the law, in view of the main problems and actual needs in the current epidemic prevention and control work.

The "Opinions" require that public security, procuratorate, legal, judicial organs and customs at all levels should improve their political standing, always put the life safety and physical health of the people first, fully understand the importance of strengthening frontier health and quarantine for preventing the cross-border spread of the epidemic and maintaining public health security, and regard epidemic prevention and control as the top priority that overrides everything else at present. Comprehensively use administrative law enforcement and criminal justice means to punish all kinds of illegal and criminal acts that hinder frontier health and quarantine in a timely and strict manner in accordance with the law, so as to provide a strong legal guarantee for resolutely winning the people's war, the overall war, and the blocking war against epidemic prevention and control.

The "Opinions" emphasize that while further strengthening the administrative law enforcement work of frontier health and quarantine, they clarify the relevant legal application issues of the "crime of hindering frontier health and quarantine" stipulated in Article 332 of the Criminal Law, and require local public security, procuratorate, and customs authorities to accurately understand and strictly apply the Criminal Law, the Frontier Health and Quarantine Law and other laws and regulations when handling cases of hindering frontier health and quarantine, and punish relevant illegal and criminal acts in accordance with the law.

According to the "Opinions", if the following six types of acts that hinder frontier health and quarantine cause the spread of plague, cholera, yellow fever, and novel coronavirus pneumonia and other quarantine infectious diseases determined and announced by the State Council, or pose a serious risk of spreading, they will be convicted and punished as the crime of hindering frontier health and quarantine in accordance with the provisions of Article 332 of the Criminal Law:

First, those who are infected with a quarantine infectious disease or suspected of being infected with a quarantine infectious disease refuse to implement health declaration, temperature monitoring, medical inspection, epidemiological investigation, medical screening, sampling and other health and quarantine measures proposed by the customs in accordance with laws and regulations such as the Frontier Health and Quarantine Law, or isolation, retention, on-site diagnosis, referral and other health treatment measures;

Second, those who are infected with a quarantine infectious disease or suspected of being infected with a quarantine infectious disease conceal the epidemic by means of failing to truthfully fill in the health declaration card, or forge the circumstances by forging or altering quarantine documents and certificates;

Third, those who know or should know that special items such as microorganisms, human tissues, biological products, blood and its products that are subject to examination and approval management may cause the spread of quarantine infectious diseases, and still evade quarantine without approval, and carry, transport, or mail them into or out of the country;

Fourth, if a person infected with a quarantine infectious disease or suspected of being infected with a quarantine infectious disease is found on a means of transport entering or leaving the country, the person in charge of the means of transport refuses to accept health quarantine or refuses to accept health treatment;

Fifth, if a person from a country or region with a prevalent quarantine infectious disease dies of non-accidental injury and the cause of death is unknown on a means of transport entering or leaving the country, the person in charge of the means of transport deliberately conceals the situation;

Sixth, other acts of refusing to implement the quarantine measures proposed by the customs in accordance with laws and regulations such as the Frontier Health and Quarantine Law.

In order to ensure lawful, scientific and orderly prevention and control, the "Opinions" put forward clear requirements for public security, procuratorate, legal, judicial organs and customs in administrative law enforcement and criminal justice fields to handle cases of hindering frontier health and quarantine and punish relevant illegal and criminal acts in accordance with the law from six aspects: doing a good job in connecting administrative and criminal justice, speeding up case investigation, strengthening procuratorial functions, strengthening communication and coordination, adhering to the principle of proportionality between offenses and penalties, and safeguarding fairness and justice. Improve the working mechanism to ensure that cases are handled in a lawful, standardized, fair and civilized manner, and achieve the harmonious unity of legal and social effects.

It is understood that the promulgation of the "Opinions" is of great significance and positive impact for further strengthening frontier health and quarantine, increasing the legal deterrence and punishment of relevant illegal and criminal acts, building a solid frontier health and quarantine defense line, resolutely curbing the spread of epidemics through ports, and consolidating and expanding the favorable situation and good momentum of national epidemic prevention and control.

Supreme People's Court Supreme People's Procuratorate Ministry of Public Security Ministry of Justice General Administration of Customs

On Further Strengthening Frontier Health and Quarantine Work

Opinions on Punishing Illegal and Criminal Acts Hindering Frontier Health and Quarantine in Accordance with the Law

In order to further strengthen frontier health and quarantine work, punish illegal and criminal acts that hinder frontier health and quarantine in accordance with the law, safeguard public health security, and protect the safety and health of the people, this opinion is formulated in accordance with relevant laws and judicial interpretations.

1. Fully understand the importance of frontier health and quarantine for safeguarding public health security

Border health and quarantine play a vital role in preventing the import and export of infectious diseases, safeguarding the lives, safety, and health of the people, and maintaining public health security and social order. The Party Central Committee and the State Council attach great importance to border health and quarantine work. Since the outbreak of the COVID-19 epidemic, General Secretary Xi Jinping has issued a series of important instructions and directives on strengthening the legal safeguards for public health, reforming and improving the disease prevention and control system, and improving the working mechanism for prevention and control that combines prevention with treatment, joint prevention and control, and mass prevention and mass control. People's courts, people's procuratorates, public security organs, judicial administrative organs, and customs at all levels must earnestly improve their political stance, unify their thinking and actions with the spirit of General Secretary Xi Jinping's important instructions and directives, resolutely implement the decisions and deployments of the Party Central Committee, enhance the "Four Consciousnesses," strengthen the "Four Confidences," and achieve the "Two Safeguards." From the perspective of implementing the overall national security concept and promoting the building of a community with a shared future for mankind, we must always prioritize the people's lives, safety, and health, and effectively improve the level of administrative law enforcement and judicial handling of border health and quarantine. In particular, in the face of the current severe situation in which the COVID-19 epidemic is spreading abroad and the risk of spreading to the country through ports is increasing, we must punish all kinds of illegal and criminal acts that hinder border health and quarantine in accordance with the law in a timely and strict manner, effectively build a border health and quarantine defense line, resolutely curb the spread of the epidemic through ports, and provide a strong legal guarantee for safeguarding public health security.

2. Punish illegal and criminal acts that hinder frontier health and quarantine in accordance with the law

In order to strengthen frontier health and quarantine work, prevent infectious diseases from entering and leaving the country, and protect the health and safety of the people, the Criminal Law and the Frontier Health and Quarantine Law stipulate illegal and criminal acts that hinder frontier health and quarantine and their punishments. When handling cases that hinder frontier health and quarantine, people's courts, people's procuratorates, public security organs, and customs shall accurately understand and strictly apply the relevant provisions of the Criminal Law, the Frontier Health and Quarantine Law, and other relevant regulations, and punish relevant illegal and criminal acts in accordance with the law.

(1) Further strengthen administrative law enforcement of frontier health and quarantine. Customs shall strengthen the publicity of frontier health and quarantine work at all ports, guide entry-exit personnel and units and personnel subject to quarantine supervision to strictly abide by the provisions of the Frontier Health and Quarantine Law and other laws and regulations, and cooperate with and accept customs frontier health and quarantine. At the same time, it is necessary to increase the intensity of administrative law enforcement of frontier health and quarantine, and give administrative penalties in accordance with the law for acts that violate the Frontier Health and Quarantine Law and its implementation rules but do not constitute a crime.

(2) Punish crimes that hinder frontier health and quarantine in accordance with the law. According to Article 332 of the Criminal Law, violating the regulations on frontier health and quarantine and committing any of the following acts shall be deemed as acts that hinder frontier health and quarantine:

1. A person infected with a quarantinable infectious disease or a suspected infected person refuses to implement health declaration, body temperature monitoring, medical inspection, epidemiological investigation, medical screening, sampling and other health and quarantine measures proposed by the customs in accordance with the Frontier Health and Quarantine Law and other laws and regulations, or isolation, retention, on-site diagnosis and treatment, referral and other health treatment measures;

2. A person infected with a quarantinable infectious disease or a suspected infected person conceals the epidemic situation by failing to truthfully fill in the health declaration card or falsifies the circumstances by forging or altering quarantine documents and certificates;

3. Knowing or should know that special items such as microorganisms, human tissues, biological products, blood and blood products subject to approval management may cause the spread of quarantinable infectious diseases, but still evade quarantine without approval and carry or mail them in and out of the country;

4. If a person infected with a quarantinable infectious disease or a suspected infected person is found on an inbound or outbound means of transport, the person in charge of the means of transport refuses to accept health quarantine or refuses to accept health treatment;

5. If a person from a country or region where a quarantinable infectious disease is prevalent dies of a non-accidental injury and the cause of death is unknown on an inbound or outbound means of transport, the person in charge of the means of transport deliberately conceals the situation;

6. Other acts of refusing to implement quarantine measures proposed by the customs in accordance with the Frontier Health and Quarantine Law and other laws and regulations.

If the above-mentioned acts cause the spread of plague, cholera, yellow fever, and other quarantinable infectious diseases determined and announced by the State Council, such as COVID-19, or there is a serious risk of spreading, they shall be convicted and punished as crimes of hindering frontier health and quarantine in accordance with the provisions of Article 332 of the Criminal Law.

If a unit commits an act that hinders frontier health and quarantine and causes the spread of plague, cholera, yellow fever, and other quarantinable infectious diseases determined and announced by the State Council, such as COVID-19, or there is a serious risk of spreading, the unit shall be fined, and the persons in charge directly responsible and other persons directly responsible shall be convicted and punished.

3. Improve the working mechanism and ensure lawful, scientific, and orderly prevention and control

(1) Do a good job in connecting administrative and criminal justice. Customs shall strictly control the first pass of port epidemic prevention and control, severely investigate administrative legal responsibilities for violating frontier health and quarantine regulations, improve law enforcement and case handling procedures, and adhere to strict law enforcement and handling cases in accordance with the law. We should do a good job in connecting administrative law enforcement and criminal justice, and for cases that meet the standards for filing and prosecuting criminal cases in the field of frontier health and quarantine supervision, we should promptly handle the relevant procedures for transferring them to public security organs in accordance with relevant regulations, and shall not replace criminal penalties with administrative penalties.

(2) Speed up case investigation. The public security organs shall promptly file and investigate criminal cases that hinder frontier health and quarantine in accordance with the law, and comprehensively collect and fix evidence. For crimes that hinder frontier health and quarantine that occur during the COVID-19 epidemic prevention and control period, we must quickly detect and solve them, and expose them in a timely manner to form a strong deterrent.

(3) Strengthen procuratorial functions. The people's procuratorates shall strengthen the supervision of the filing of criminal cases that hinder frontier health and quarantine, and if they find that a case should be filed but is not filed, they shall require the public security organs to explain the reasons, and if they believe that the reasons are not valid, they shall notify the public security organs to file the case in accordance with the law. For criminal cases that hinder frontier health and quarantine, the people's procuratorates may put forward opinions and suggestions to the public security organs on the nature of the case, the collection of evidence, and the application of the law. For criminal suspects who are suspected of committing the crime of hindering frontier health and quarantine and meet the conditions for arrest and prosecution, they shall be promptly approved for arrest and prosecution. Give play to the role of procuratorial suggestions and promote the systematic governance of epidemic prevention and control.

(4) Strengthen communication and coordination. People's courts, people's procuratorates, public security organs, judicial administrative organs, and customs shall strengthen communication and coordination, smooth contact channels, and establish a normalized cooperation mechanism. We must not only strictly perform our statutory duties, perform our respective duties, and be responsible for our own affairs, but also cooperate with each other, cooperate with each other, realize resource sharing and complementary advantages, and form a joint force to punish illegal and criminal acts that hinder frontier health and quarantine in accordance with the law. For major cases with great social impact and high public attention, we must clarify the facts and truth in a timely manner and do a good job in guiding public opinion and responding to public opinion in accordance with the requirements of 'three synchronizations' of lawful disposal, public opinion guidance, and social control.

(V) Adhere to the principle of proportionality between offenses and penalties. Further standardize law enforcement activities related to frontier health and quarantine, and earnestly ensure strict, standardized, impartial, and civil law enforcement. Focus on grasping the policy of combining leniency with severity: for administrative violations, the types and extent of penalties should be comprehensively determined based on the degree of harm of the illegal act and the attitude of repentance. For suspected crimes, the focus should be on severely cracking down on criminal acts with egregious circumstances and serious consequences; for those with minor circumstances and sincere repentance, lenient treatment should be given in accordance with the law.

(VI) Uphold fairness and justice. People's Courts, People's Procuratorates, and public security organs shall, in accordance with the law, safeguard the various litigation rights of criminal suspects and defendants, especially the right to defense, earnestly safeguard the legitimate rights and interests of the parties, and maintain the correct implementation of the law. Judicial administrative organs shall strengthen guidance and supervision over the work of lawyers' defense and representation, and promote lawyers' practice in accordance with laws and regulations. People's Courts, People's Procuratorates, public security organs, judicial administrative organs, and customs shall earnestly implement the responsibility system of "whoever enforces the law is responsible for popularizing the law," select typical cases, carry out legal interpretation through cases, increase warning education, deter lawbreakers, release positive energy, and create a good legal and social environment for epidemic prevention and control.