1. If the perpetrator obstructs official duties and does not constitute a crime, he will generally be given administrative punishment: a warning or a fine of not more than 200 yuan; If the circumstances are serious, they shall be detained for more than five days and less than ten days, and may be fined up to five hundred yuan;
2. If the actor's act of obstructing official duties constitutes a crime of obstructing official duties, he shall bear criminal responsibility according to law and be given criminal punishment: fixed-term imprisonment of not more than three years, criminal detention, public surveillance or fine.
The filing criteria for the crime of nuisance of official duties are as follows:
1. Means need violence and threats. However, those who deliberately obstruct the state security organs and public security organs from carrying out the tasks of state security according to law and do not use violence or threats, resulting in serious consequences, are established;
2. The degree of violence is limited to causing minor injuries. If violence is used to cause serious injuries or death, it shall be punished as intentional injury or intentional homicide;
3. Number of crimes: if the crime of producing and selling fake and inferior products, the crime of smuggling ordinary goods and articles, the crime of illegally hunting and killing precious and endangered wild animals, and the crime of illegal business operations violate the crime of obstructing official duties, they shall be punished for several crimes. Whoever commits the crime of disrupting public service while committing the crime of smuggling drugs, organizing others to cross the border illegally, and transporting others to cross the border illegally will only be punished according to the three crimes, and the punishment will be aggravated, and the crime of disrupting public service will no longer be defined.
Legal basis: Article 277 of the Criminal Law of People's Republic of China (PRC).
The crime of nuisance of official duties, which obstructs state functionaries from performing their 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 sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; Whoever causes accidents by using guns, controlled knives or driving a motor vehicle, which seriously endangers personal safety, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.