[Original text of the law] Article 409 of the Criminal Law of the People's Republic of China: [Crime of Debt of Infectious Diseases] Staff of the government health administrative department engaged in infectious disease prevention and control are seriously irresponsible, resultin

2025/08/1020:31:35 regimen 1990

[Original text of the law]

" Criminal Law of the People's Republic of China " Article 409: [Crime of Debt of Infectious Disease Prevention and Control] The staff of the government health administrative department of engaging in the prevention and control of infectious diseases are seriously irresponsible, resulting in the spread or epidemic of infectious diseases. If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years or detention.

[Typical Case]

A County Health Bureau Deputy Director Li Moumou, in charge of disease prevention and control work, received reports on the epidemic situation in County A, twice, but did not urge the Center for Disease Control and Prevention and medical institutions to report relevant information to the relevant departments in a timely manner as required. Later, due to concerns about continuing to report the measles epidemic online, the performance evaluation of County A's health system was "yellow card warning". Therefore, hospitals were asked not to report the new measles epidemic online without reporting it directly, and technically deal with the words "measles" on the patient's medical records.

Li Moumou once again emphasized at the coordination meeting of the infectious disease prevention and control of County Health Bureau A again stated that the medical records of suspected measles patients admitted should not appear on the medical records. The measles medical records that have been diagnosed must be changed to " pneumonia ", " upper respiratory tract infection ", etc., and cannot be reported directly on the Internet, but measles condition is still treated. Since then, the measles epidemic broke out in County A. There have been cases reported in 10 townships and a total of 540 measles cases have been reported, 12 cases have been excluded, and 528 have been confirmed. Except for 1 death, the remaining 527 have recovered after treatment. County A Discipline Inspection and Supervision Commission established a special task force to intervene in the investigation. Li Moumou took the initiative to go to the conversation room of the Commission for Discipline Inspection and Supervision to explain the situation.

After investigation, Li Moumou was seriously irresponsible in the process of performing his duties of infectious disease prevention and control. He instructed and instructed medical institutions to conceal the measles epidemic, causing the relevant superior departments to fail to grasp the epidemic dynamics in a timely manner, causing the measles epidemic to miss the best prevention and control opportunity, leading to the spread and epidemic of infectious disease measles, resulting in the serious consequences of more than 500 people infected with measles and one person died ineffective treatment. The circumstances are serious, and his behavior has violated the criminal law, which constitutes the crime of dereliction of duty in preventing and controlling infectious diseases. Li Moumou has surrendered himself and showed remorse and is exempted from criminal punishment.

[Comic Interpretation]

[Analysis and Comments]

Article 409 of the Criminal Law of the People's Republic of China stipulates that if the staff of the government's health administrative department engaged in the prevention and control of infectious diseases are seriously irresponsible, resulting in the spread or epidemic of infectious diseases, and the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years or detention. As the deputy director in charge of disease prevention and control of County A Health Bureau, Li Moumou is seriously irresponsible for instructing and instructing medical institutions to conceal the measles epidemic. According to Article 16 of the "Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Obstructing Prevention and Control of Infectious Diseases and Other Disasters" by , after the state takes preventive and control measures for disasters such as infectious diseases and epidemics, if the state conceals, delays reporting, false reports, or instructs, instructs, and forces others to conceal, delay reports, false reports, and false reports, causing the scope of infection to expand or the epidemic or disasters to aggravate, it is the "serious circumstances" stipulated in Article 409 of the Criminal Law of . Therefore, Li Moumou's behavior constitutes the crime of dereliction of duty in the prevention and control of infectious diseases stipulated in Article 409 of the Criminal Law of the People's Republic of China.

Judging from the facts of violations of discipline and laws in this case, Li Moumou was afraid that performance evaluation would be warned by a "yellow card" and knew that the measles epidemic in the county met the standards for outbreak, and instructed and instructed medical institutions to conceal the measles epidemic, which shows that his lack of awareness of performing his duties. A typical manifestation of the dereliction of duty and dereliction of duty by public officials in prevention and control is failure to perform, incorrect performance or renunciation of performance of duties. Therefore, a hierarchical and classified list of infectious disease prevention and control duties should be established based on different departments and different entities, and the responsibility list should be matched simultaneously. Through joint supervision with the competent departments, "rules" guidance should be provided for public officials to correctly perform their duties in infectious disease prevention and control.

Source: Hubei Provincial Commission for Discipline Inspection and Supervision Website

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