According to Article 277 of the Criminal Law, whoever obstructs a state functionary from performing his duties according to law by violence or threats shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or a fine.
Whoever obstructs deputies to the National People's Congress and local people's congresses at various levels from performing their duties according to law by violence or threats shall be punished in accordance with the provisions of the preceding paragraph.
In natural disasters and emergencies, those who obstruct Red Cross staff from performing their duties according to law by violence or threats shall be punished in accordance with the provisions of the first paragraph.
Whoever intentionally obstructs a state security organ or a public security organ from performing the tasks of state security according to law without resorting to violence or threats and causing serious consequences shall be punished in accordance with the provisions of the first paragraph.
Whoever violently attacks the people's police who perform their duties according to law shall be given a heavier punishment in accordance with the provisions of the first paragraph.
Extended data:
Cases of obstruction of official duties:
It is the duty of every citizen to set up check card on the road and cooperate with the traffic police to enforce the law. However, a very small number of people do not take the usual path and insist on non-cooperation. In order to avoid the inspection, they took risks and took excessive actions such as card grabbing and collision, which eventually led to the escalation of illegal activities.
On the evening of March 29, 2009, a drunk driver escaped by driving a motor vehicle on Huaiyuan Avenue in Tongbai County, and the latter driver was investigated for double criminal responsibilities of obstructing official duties and dangerous driving according to law.
In order to create a good traffic environment and ensure travel safety. On the evening of March 29th, Tongbai Public Security Traffic Police City Squadron set up a card in the west section of Huaiyuan Avenue in its jurisdiction to investigate and deal with serious traffic violations. At about 19: 50, a white car with license plate number Yu R0 1XXX was driving from west to east along Huaiyuan Avenue.
Found a traffic police inspection. Instead of stopping for inspection, the driver stepped on the accelerator and rushed through the first checkpoint. The police on duty in front responded quickly and immediately intercepted it with a car stop cone, but the vehicle did not stop. After the bumper cone was rolled into the bottom of the car, it continued to flee forward.
In order to eliminate potential safety hazards, the police on duty immediately informed the next group of police to set up a card in front of the car for interception, while driving a police car to follow the car. After the vehicle collided with the intercepted police car again at the front checkpoint, it continued to accelerate its escape, completely ignoring the safety of pedestrians on the road. When driving to the intersection of Leshen, I was forced to stop because of a flat tire. The police immediately stepped forward to control the driver and opened the door. A strong smell of wine came to my face.
After investigation, the driver Du Mou, whose permitted driving model is C 1D, is from Nanyang City. The police immediately took him to the hospital for a blood test. Upon inquiry, Du Mou was lucky enough to drive home alone after drinking some wine that night. He was very scared when he saw the traffic police checking the car. Knowing the punishment result after drunk driving, he made a crazy move of rushing to escape. He finally confessed to his illegal and criminal behavior of drunk driving and smashing cards.
That night, the suspect Du Mou was criminally detained by Tongbai County Public Security Bureau for allegedly obstructing official duties. Du Mou, who was escorted to the detention center in handcuffs, regretted his stupid criminal behavior.
After blood alcohol test, Du Mou's blood alcohol content per 100 ml is 89.56 mg, which meets the standard of driving a motor vehicle after being drunk. According to the second paragraph of Article 91 of the Road Traffic Safety Law of the People's Republic of China, Du Mou is suspected of driving a motor vehicle after being drunk, and will also face the punishment of revoking his motor vehicle driver's license, and he will be investigated for criminal responsibility according to law. No motor vehicle driver's license shall be obtained again within five years.
Due to the impulsiveness of Du Mou, the illegal behavior escalated, which was not only severely punished by the law, but also left a "stain" for life. The loss of vehicles caused by punching in is not covered by insurance claims, and it is really not worth the loss. At present, the case is being further processed.
Tongbai public security traffic police reminded that it is the duty of public security traffic police to check and correct traffic violations, and it is the duty of traffic participants to cooperate with traffic police to check, and they must not violently resist the law, otherwise they will face severe punishment by law. The French open is long, sparse and not leaking. For the traffic safety of yourself and others, don't take chances and drive after drinking.
Light. Men who drive under the influence of alcohol and interfere with official duties will be doubly punished.