First, what are the consequences of insulting the people's police who are performing their duties?
Paragraph 2 of Article 35 of the People's Police Law stipulates that those who openly insult the people's police who are performing their duties shall be given administrative penalties for public security.
Article 42 of the Law on Public Security Administration Punishment stipulates that anyone who publicly insults others or fabricates facts to slander others shall be detained for less than 5 days or fined for less than 500 yuan; If the circumstances are serious, they shall be detained for more than 5 days 10 days, and may also be fined up to 500 yuan.
Article 277 of the Criminal Law stipulates that 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.
Article 242, paragraph 1, of the Criminal Law, who obstructs state functionaries from rescuing bought women and children by violence or threats, shall be convicted and punished in accordance with the provisions of Article 277 of this Law.
Second, how to identify the crime of obstruction of official duties
To identify the crime of obstruction of official duties, we need to analyze it from the following four aspects:
(A) the object elements
This crime infringes on complex objects, in which the normal management activities of the state are its main objects, and the personal rights of state organs and Red Cross staff are its random objects.
The object of this crime is the staff of state organs who perform their duties according to law.
(b) objective factors
This crime is objectively manifested in the following situations:
1. Acts of obstructing state functionaries from performing their duties according to law by violence or threats.
2, violence, threats to prevent people's congresses at all levels from performing their duties as deputies.
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, but causing serious consequences.
(3) Main elements
The subject of this crime is the general subject, and any natural person who has reached the age of criminal responsibility and has the ability of criminal responsibility can constitute this crime.
(4) Subjective factors
Subjectively, this crime is intentional, that is, knowing that the other party is a staff member of a state organ or a staff member of the Red Cross who performs his duties according to law, he intentionally uses violence or threats to prevent him from performing his duties.
To sum up, insulting and obstructing the execution of official duties are actually two crimes. Insulting the people's police needs to be decided according to the consequences. If the circumstances are serious, the court will impose a heavier punishment. Moreover, insulting and slandering the people's police is a public prosecution case. In this process, if there are other acts that hinder official duties, the court will punish several crimes.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: People's Republic of China (PRC) Public Security Administration Punishment Law.
Article 42 Whoever publicly insults others or fabricates facts to slander others shall be detained for not more than five days or fined not more than five hundred yuan; If the circumstances are serious, they shall be detained for not less than five days but not more than ten days, and may also be fined not more than 500 yuan.