Draft adds criminal scenarios

A draft revision has added some new situations in which people will face criminal charges as part of a move to strengthen legal protection of public health security and meet control and prevention requirements for the ongoing COVID-19 pandemic.

The draft amendment to the Chinese Criminal Law adds two new situations in which people could be charged with the crime of disturbing the prevention of infectious diseases. One is the refusal to carry out measures mandated by governments above county level for controlling infectious diseases, while the other is selling or transporting products contaminated or possibly contaminated by an infectious pathogen due to a failure to disinfect the goods.

The draft, which includes updates in six major areas, was submitted to the bimonthly session of the Standing Committee of the National People's Congress, China's top legislature, for first review on Sunday.

The updates include some 30 revised or newly added provisions, "and the part regarding public health aims to maintain safety, to sum up experiences related to the prevention of the COVID-19 outbreak and to meet prevention requirements," said Li Ning, deputy director of the NPC Standing Committee's Legislative Affairs Commission.

He made the remark while explaining the draft to lawmakers on Sunday, adding that the changes related to public health security were an attempt to adapt to the creation and revision of some other laws, such as those on wildlife protection, biosecurity and the prevention of infectious diseases.

The draft stipulates that defendants in either situation could face prison sentences ranging from three to seven years if extremely serious damage is resulted.

Ruan Chuansheng, a criminal law professor at the Shanghai Administration Institute, lauded the top legislature's quick response to problems that have emerged amid the battle against the COVID-19 outbreak by revising the Criminal Law.

He said the updates on public health security in the draft are "necessary" and "will contribute to preventing infectious diseases and helping the country solve public health emergencies".

To maintain national security and biosecurity, the draft also clarifies that people will face criminal charges if they illegally engage in human genetic editing, illegally dispose of invasive species or seriously harm national human genetic resource security.

It also says those who illegally hunt, buy, transport or sell terrestrial wild animals for eating may face a sentence of up to 10 years in prison and fines.

Li said the updates in the draft would also step up the prevention of and penalties for workplace safety crimes, improve stipulations for punishing food and drug safety crimes, strengthen punishment for crimes that disrupt the financial system, and intensify legal protection for corporate property rights.

All the revisions were made to adapt to changes in society, solve new problems and meet new demands in fighting crimes, he added.

The draft, for instance, also makes it clear that it is a crime to insult or slander heroes or martyrs, and those who throw objects from tall buildings or grab steering wheels on moving buses will also face criminal punishment.

Ruan said the updates answered public concerns about hot issues in a timely manner, adding that "they will also promote the country's social governance capacity if they are adopted."

Under the Chinese Legislation Law, a draft will, in general, become a law after the top legislature reviews it at least three times.