The pneumonia prevention and control work caused by the novel coronavirus has entered the most critical moment. The people of the whole country are united, but there are still a very few people who disregard the safety of others' lives and are not tolerated by the national law. According to a report on People's Daily on February 1, 2020, Gou, a patient diagnosed with pneumonia infected with the novel coronavirus in Xining City, Qinghai Province, has been filed for investigation by the local public security organs for the crime of endangering public safety by dangerous methods for intentionally spreading the pathogen of a sudden infectious disease and endangering public safety.

According to online reports, after preliminary investigation by the public security organs, Gou, a villager from Hanshuigou Village, Lijia Mountain Town, Huangzhong County, Xining City, has been working in Wuhan for a long time. Recently, after returning to Ning, he refused to implement the requirements of the Xining City New Coronavirus Infection Pneumonia Epidemic Prevention and Control Work Headquarters on "People in key areas need to register with the community (village) and take the initiative to isolate themselves at home", deliberately concealed the true itinerary and activities, fabricated false information on the date of return to Ning, deliberately concealed his symptoms such as fever and cough, deceived investigators, and took the initiative to have close contact with people around him many times. What is particularly bad is that Gou intentionally concealed the fact that his son returned to Ning from Wuhan with him, and his son also carried out activities outside many times and had close contact with people.

At present, Gou and his son have been diagnosed with pneumonia infected with the novel coronavirus. Gou's behavior violates the relevant national laws and regulations such as the "Criminal Law of the People's Republic of China" and the "Law of the People's Republic of China on the Prevention and Control of Infectious Diseases" and the announcement of the Xining City New Coronavirus Infection Pneumonia Prevention and Control Work Headquarters in Qinghai Province, which seriously interferes with and disrupts the epidemic prevention and control work in our city. Now Gou is suspected of endangering public safety by dangerous methods and has been filed for investigation by the public security organs, taken relevant measures, and isolated for treatment.

In May 2003, at the critical moment of "SARS" epidemic prevention and control, the Supreme People's Court and the Supreme People's Procuratorate promulgated "Interpretation on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Obstructing the Prevention and Control of Outbreak of Infectious Disease Epidemics and Other Disasters" (Fa Shi [2003] No. 8), this interpretation is still applicable today.

According to Article 1 of the above "Interpretation":

Whoever intentionally spreads the pathogen of a sudden infectious disease and endangers public safety shall be convicted and punished for the crime of endangering public safety by dangerous methods in accordance with the provisions of Articles 114 and 115 Paragraph 1 of the Criminal Law.

Whoever suffers from a sudden infectious disease or is suspected of suffering from a sudden infectious disease and refuses to accept quarantine, compulsory isolation or treatment, negligently causes the spread of the infectious disease, if the circumstances are serious and endanger public safety, shall be convicted and punished for the crime of negligently endangering public safety by dangerous methods in accordance with the provisions of Article 115 Paragraph 2 of the Criminal Law.

Article 1, Paragraph 2 of the "Interpretation" focuses on explaining the issue of conviction for the crime of negligently causing the spread of infectious diseases and endangering public safety by refusing 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.

In practice, patients diagnosed with pneumonia infected with the novel coronavirus or suspected patients during treatment, due to dissatisfaction with isolation treatment measures, treatment conditions, or other reasons, such as being more afraid of the disease and wanting to go home, worrying about the impact on business, etc., leave the isolation without authorization, leading to the spread of the virus among healthy people in the society, causing public panic, and making it difficult for relevant departments to implement effective prevention and control measures, which is extremely harmful to public safety.

According to the provisions of the "Interpretation", there are three conditions to be grasped for convicting and punishing this kind of behavior:

First, the actor suffers from a sudden infectious disease or is suspected of suffering from a sudden infectious disease;

Second, refuse to accept quarantine, compulsory isolation or treatment;

Third, negligently causing the spread of infectious diseases, if the circumstances are serious and endanger public safety.

That is, the actor's subjective aspect shows negligence in causing the spread of infectious diseases, and should have serious circumstances and endanger public safety consequences before being held criminally responsible. If the actor intentionally spreads infectious diseases and endangers public safety, he shall be convicted and punished for the crime of endangering public safety by dangerous methods in accordance with the provisions of Paragraph 1 of this Article.

Therefore, Gou's behavior is suspected of endangering public safety by dangerous methods or negligently endangering public safety by dangerous methods.

Article 114 of the Criminal Law Arson, bursting dikes, explosions, and the placement of substances such as poisonous, radioactive, or infectious disease pathogens, or endangering public safety by other dangerous methods, without causing serious consequences, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.

Article 115 of the Criminal Law Arson, bursting dikes, explosions, and the placement of substances such as poisonous, radioactive, or infectious disease pathogens, or endangering public safety by other dangerous methods, resulting in serious injury, death, or heavy losses to public or private property, shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment, or death.

Whoever negligently commits the crime 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 minor, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

According to the provisions of the Criminal Law, The crime of endangering public safety by dangerous methods or The crime of negligently endangering public safety by dangerous methods Will face the following four different criminal responsibilities:

First, intentionally spreading infectious disease pathogens without causing serious consequences constitutes the crime of endangering public safety by dangerous methods and shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years;

Second, intentionally spreading infectious disease pathogens, resulting in serious injury, death, or heavy losses to public or private property, shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment, or death;

Third, negligently spreading infectious disease pathogens, resulting in serious injury, death, or heavy losses to public or private property, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years;

Fourth, negligently spreading infectious disease pathogens, resulting in serious injury, death, or heavy losses to public or private property, if the circumstances are minor, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

It can be seen that the crime of endangering public safety by dangerous methods can be sentenced to death!

The novel coronavirus is highly contagious. Reports indicate that out of a meeting of over 30 people, 11 were infected, and a student gathering resulted in the entire group being infected by one sick individual. When the entire country is working together to prevent transmission, the spread by one person carrying the virus can lead to very serious consequences, and its harm is sufficient to constitute the crime of endangering public safety by dangerous means.

So, we as ordinary citizens , what should we do?

First, we should comply with the relevant requirements of laws and regulations and obey the relevant work of inspection and quarantine. We should comply with the relevant requirements of inspection and quarantine in public places and carry out epidemic prevention work such as wearing masks, checking body temperature, and disinfecting hands.

Secondly, we should actively and truthfully report our own situation. If you have visited Wuhan in the past 14 days or have been in contact with people who have lived in Wuhan in the past 14 days, you should promptly report to relevant departments such as the property management and neighborhood committee in your area.

Thirdly, we should respond to the government's call, stay at home for self-isolation during the high incidence of the epidemic, try to minimize contact with outside people, and protect ourselves.

If we already are diagnosed with pneumonia caused by the novel coronavirus infection , or already have symptoms such as fever, fatigue, and dry cough but have not yet been diagnosed as suspected patients , or have been in close contact with patients and are very likely to be infected , what should we do?

First, we should take the initiative to report to the local health and disease control department. If you have visited Wuhan in the past 14 days or have been in contact with people who have lived in Wuhan in the past 14 days, and have acute respiratory infection symptoms with a fever greater than 37.3°C, you should go to a designated medical institution in your area for screening and treatment.

Secondly, if we are diagnosed as patients or suspected patients with pneumonia caused by the novel coronavirus infection, we should put down our psychological baggage and accept isolation treatment with peace of mind.

Finally, we must not take the novel coronavirus lightly. We cannot fail to participate in self-isolation simply because we think we are fine or not infected. Like Gou in the case presented, who attempted to evade inspection by health authorities, it may seem that one can act recklessly for a while, but such behavior will ultimately be severely sanctioned by the law.

Pneumonia caused by the novel coronavirus is not a terminal illness. Everyone does not need to panic excessively. Most patients have a good prognosis and no sequelae. Children's cases have relatively mild symptoms, and only a few patients are critically ill. Deaths are more common in the elderly and those with chronic underlying diseases. As long as everyone is united, consciously isolates themselves, and consciously accepts treatment, we will surely overcome the difficulties!