1. If a drunken attack on a police officer causes minor injuries to the police, it constitutes a crime of assaulting a police officer and can be criminally detained. According to Article 9 1 of the Criminal Procedure Law, the longest period of criminal detention is 37 days.
2. If assaulting a police officer causes minor injuries to the police, it is a violation of the Law on Public Security Administration Punishment. According to Article 43 of the Law on Public Security Administration Punishment, you can be detained for more than five days and less than ten days.
3, if the police perform official duties, assaulting a police officer causes obstruction of official duties, which does not constitute a crime, according to the provisions of Article 50 of the Law on Public Security Administration Punishment, the punishment may be aggravated.
Elements of the crime of obstructing official duties:
1. The object of this behavior must be the staff of state organs who perform official duties according to law. If the law enforcement act is illegal, the obstruction does not constitute a crime of obstructing official duties;
2. The degree of violence of the behavior requires more than minor injuries, but minor violence does not constitute this crime;
3. Subjectively, it is necessary to realize that the other party is a staff member of a state organ. If there is no such understanding, it will only constitute a common crime.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 50 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment shall be given a warning or a fine of less than 200 yuan if it commits one of the following acts; 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:
1, refusing to implement the decisions and orders issued by the people's government in an emergency;
2, hinder the staff of state organs to perform their duties according to law;
3, hinder the implementation of emergency tasks of fire engines, ambulances, engineering rescue vehicles, police cars and other vehicles;
4, forcibly rushed into the public security organs set up in warning tape, warning zone.
Whoever obstructs the people's police from performing their duties according to law shall be given a heavier punishment.