Coronavirus, Rights, and Law: Criminal Policy in the Context of the Epidemic

Abstract

During the epidemic, a number of criminal offenses were committed against the prevention and control of the epidemic. Such criminal acts have greatly increased the people's sense of insecurity and caused certain damage to social stability during the epidemic and to epidemic prevention and control efforts. These criminal acts are characteristic of the period of the epidemic. The judiciary should respond positively to such acts, make flexible use of criminal policies, and combat key harmful acts in a timely and effective manner to create a stable and orderly environment for epidemic prevention and control. To grasp the criminal policy of "tempering justice with mercy" does not mean ignoring "nullum crimen sine lege". We should attach equal importance to both substantive and procedural rights. We should not only maintain the modesty of the criminal law but also pay attention to procedural justice to avoid the excessive expansion of penalty means.