He will be detained for more than five days and less than ten days, and may also be fined up to 500 yuan. If the circumstances are especially serious, they shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or a fine. If assaulting a police officer causes serious injury to the police, he shall be given a heavier punishment according to the degree of injury and the crime of intentional injury.
The crime of assaulting a police officer can be roughly divided into two modes. The first mode is common law countries, which adopt independent charges and have independent laws to punish related acts. Second, civil law countries, because of the emphasis on punishing joint behavior, adopt a non-independent crime model; In France, Germany and Italy, assaulting a police officer is defined as the crime of obstructing official duties, with different sentencing degrees. In Japan, the crime of assaulting a police officer is divided into two parts. If the circumstances are minor, it shall be regarded as "obstruction of official duties". Whoever causes serious injury or death shall be punished as intentional homicide or intentional injury, and the maximum penalty shall be death.
China's laws and regulations will also comprehensively regulate citizens' behavior. If there is an attack on the people's police, the parties concerned will also be investigated for criminal responsibility. However, because there is no crime of assaulting a police officer in the previous stage in China, the parties concerned will be punished for obstructing their official duties after assaulting a police officer, and they will be punished according to the circumstances and consequences of assaulting a police officer.
legal ground
Article 277 of the Criminal Law of People's Republic of China (PRC) whoever obstructs a functionary of a state organ 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. Article 234 Whoever intentionally harms another person's body shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. Whoever commits the crime mentioned in the preceding paragraph and causes serious injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or serious disability by particularly cruel means shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Where there are other provisions in this Law, such provisions shall prevail. Article 35 of the People's Police Law of the People's Republic of China refuses or hinders the people's police from performing their duties according to law, and any of the following acts shall be punished for public security management:
(a) openly insulting the people's police who are performing their duties;
(2) obstructing the investigation and evidence collection by the people's police;
(3) refusing or obstructing the people's police from entering the relevant residence or place in pursuit, search, rescue and other tasks;
(four) deliberately set up obstacles for police cars to perform emergency tasks such as emergency rescue, rescue, pursuit and security;
(five) other acts of refusing or obstructing the people's police from performing their duties.