Conditions of non-prosecution for assaulting a police officer

China is not guilty of assaulting a police officer. Assaulting a police officer, if the circumstances are serious enough to cause minor injuries or more, shall be punished with the crime of injury and obstruction of official duties; Pushing and shoving, etc., to be punished for obstructing official duties, provided that the other party is performing official duties. If not, treat them like ordinary citizens.

The filing criteria for assaulting a police officer are as follows:

1. Obstructing state functionaries from performing their duties according to law by violence or threats;

2. Obstructing 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;

3, in natural disasters and emergencies, by means of violence or threats to prevent the Red Cross staff from performing their duties according to law;

4. Deliberately obstructing the state security organs and public security organs from performing the tasks of state security according to law, without using violence or threats, thus causing serious consequences.

5. 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.

Constitution of the crime of obstructing official duties

1. Subject of the crime: the subject of the crime of obstructing official duties is the general subject, and any natural person who has reached the age of criminal responsibility and has criminal responsibility ability can constitute this crime;

2. Subjective aspect: Subjectively, the crime of obstruction of official duties is intentional, that is, knowing that the other party is a staff member of a state organ, a deputy to the National People's Congress, or a staff member of the Red Cross Society who is performing his duties according to law, he deliberately exerts violence and threats on him, making it impossible for him to perform his duties;

3. Object of crime: The object of the crime of obstructing official duties is the official activities of state organs and the Red Cross. The object of infringement can only be the staff of state organs, deputies to the National People's Congress and staff of the Red Cross who are performing their duties according to law;

4. Objective aspect: The objective aspect of the crime of obstructing official duties is the act of obstructing the staff of the National People's Congress from performing their duties or responsibilities according to law by means of violence or threats, or the act of obstructing the state security organs and public security organs from performing the tasks of state security according to law without using violence or threats, but causing serious consequences.

I hope the above content can help you. Please consult a professional lawyer if you have any other questions.

Legal basis: Article 272 of the Criminal Law stipulates that employees of companies, enterprises or other units, taking advantage of their positions, misappropriate the funds of their own units for personal use or lend them to others. Those who fail to pay back a large amount for more than three months, or those who engage in profit-making activities or illegal activities, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever misappropriates the funds of his own unit in a huge amount, or fails to return the funds in a large amount, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. Personnel engaged in public service in state-owned companies, enterprises or other state-owned units and personnel appointed by state-owned companies, enterprises or other state-owned units to engage in public service in non-state-owned companies, enterprises or other units shall be convicted and punished in accordance with the provisions of Article 384 of this Law.