04AUG

VIOLATIONS ON CONFIDENCE PREVENTION OF COVID – 19 CAN BE CRIMINAL HANDLING

In addition to sanctioning administrative violations in the prevention and control of the Covid-19 epidemic, the following acts can also be criminally handled according to the provisions of law, specifically:

  1. ACTIVITIES THAT SPREAD HUMAN DISEASES
  1. Persons who have been notified of illness; a person suspected of contracting the disease or returning from an area with COVID-19 epidemic who has been notified of isolation, performs one of the following acts: Escape from the quarantine place; Failure to comply with regulations on isolation; Refusing or evading the application of isolation or coercive isolation measures; Do not make medical declarations, make incomplete statements or make false statements. Causing the transmission of COVID-19 to other people is considered a case of committing “another act of spreading dangerous diseases to people” specified at Point c, Clause 1, Article 240 of the Penal Code and handle the crime of spreading infectious diseases to humans.
  • Legal consequences: Depending on the seriousness of the offence, the offender can be sentenced to a maximum prison term of up to 12 years and can also be fined up to VND 100 million. banned from holding certain posts, practicing certain professions or doing certain jobs for 1 to 5 years.
  1. Persons who have not been identified with COVID-19 disease, but live in an area where a quarantine or blockade decision has been made, and perform one of the following acts: Escape from the quarantined area or blockaded area; Failure to comply with isolation regulations; Refusing or evading the application of isolation or coercive isolation measures; Failure to make medical declarations, making incomplete declarations or making false declarations, causing damage of VND 100 million or more due to incurring expenses for disease prevention and control, shall be handled for crimes of violating regulations on safety in places of residence. crowded as prescribed in Article 295 of the Penal Code.
  • Legal consequences: Depending on the seriousness of the offence, the offender can be sentenced to a maximum prison term of up to 12 years and can also be fined up to VND 100 million. banned from holding certain posts, practicing certain professions or doing certain jobs for 1 to 5 years.
  1. HANDLING BUSINESS FACILITIES OPERATION IN THE TIME OF TEMPORARY ORDER

Business establishment owners, managers of service businesses (such as bars, discos, karaoke, massage services, beauty salons, etc.) only conducting business activities for the prevention and control of the COVID-19 epidemic by competent agencies or persons, causing damage of VND 100 million or more due to incurring costs for disease prevention and control, they will be handled for violations. regulations on safety in crowded places as prescribed in Article 295 of the Penal Code.

Legal consequences: Depending on the seriousness of the offence, the offender can be sentenced to a maximum prison term of up to 12 years and can also be fined up to VND 100 million. banned from holding certain posts, practicing certain professions or doing certain jobs for 1 to 5 years.

III. ACT OF GIVING WRONG INFORMATION ABOUT COVID-19

  1. Persons who commit acts of posting on computer networks or telecommunications networks fake information, untrue information, or distorting information about the COVID-19 epidemic situation, causing bad public opinion shall be handled for the crime of posting or using illegal use of information on computer networks or telecommunications networks as prescribed in Article 288 of the Penal Code.
  • Legal consequences: Depending on the seriousness of the offence, the offender can face a maximum prison sentence of up to 7 years and a maximum fine of up to VND 200 million. banned from holding certain posts, practicing certain professions or doing certain jobs for 1 to 5 years.
  1. Persons who illegally provide personal information, secrets of private life, seriously offend the dignity and honor of medical staff, participants in the prevention and control of COVID-19 epidemic, sick people, suspicious people infected with COVID-19 shall be handled for the crime of humiliating others according to the provisions of Article 155 of the Penal Code.
  • Legal consequences: Depending on the severity and nature of the offence, the offender may be sentenced to a maximum prison term of up to 5 years and may also be fined up to VND 30 million, prohibited from undertaking positions, prohibited from practicing certain professions or doing certain jobs for 1 to 5 years.
  1. Persons who take advantage of the COVID-19 epidemic to give false information about the use of drugs and medical supplies on disease prevention and control in order to appropriate other people’s property will be handled for fraud. island appropriation of property according to the provisions of Article 174 of the Penal Code.
  • Legal Consequences: Depending on the severity, nature and consequences of the offence, offenders can face up to 20 years imprisonment or life imprisonment and can be fined up to 100 million dong, banned from holding certain posts, practicing certain professions or doing certain jobs for 1 to 5 years, or having part or all of their assets confiscated.
  1. SOME OTHER ACTIVITIES RELATED TO THE COVID-19 DISEASE
  1. Persons who take advantage of scarcity or create artificial scarcity in the situation of COVID-19 epidemic to buy out goods that have been announced by competent State agencies as price-stabilizing goods or goods approved by the competent authority. If the State sets prices for resale to gain illicit profits, they shall be handled for speculation in accordance with Article 196 of the Penal Code.
  • Legal consequences:
  • For individuals: Depending on the nature and seriousness of the offense, offenders can be sentenced to a maximum prison term of up to 15 years and a maximum fine of up to 5 billion VND, prohibited from ensuring from holding certain positions, prohibited from practicing certain professions or doing certain jobs from 01 to 05 years.
  • For legal entities committing crimes: Depending on the nature and seriousness of the offence, the legal entity can be fined up to 9 billion VND, banned from doing business in certain areas or banned from doing business. capital mobilization from 01 year to 03 years.
  1. Persons who are responsible for the prevention and control of the COVID-19 epidemic but fail to implement or implement in time or inadequately the epidemic prevention and control measures as prescribed, causing serious consequences, shall be handled for the crime of negligence. responsible for causing serious consequences as prescribed in Article 360 of the Penal Code.
  • Legal consequences: Depending on the consequences of the offence, offenders can be sentenced to a maximum prison term of up to 12 years, a ban from holding certain posts, practicing certain professions or doing certain jobs from 1 year to 05 years.

 

Post Author: Luật DHP

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