: What is the maximum sentence for obstruction of official duties?
According to Article 277 of China's Criminal Law, 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.
Constitution of the crime of obstructing official duties
(A) the object elements
This crime infringes on complex objects, including the normal management activities of the state and the personal rights of the staff of state organs, in which the normal management activities of the state are its main objects, while the personal rights of the staff of state organs and the Red Cross are its random objects. 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 perform their duties according to law.
(b) objective factors
Objectively, this crime is manifested as an act that obstructs the staff of state organs and people's congresses from performing their duties according to law by means of violence or threat, or obstructs the state security organs and public security organs from performing the tasks of state security according to law, without using violence or threat, 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, 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 uses violence and threats to prevent him from performing his duties.
To sum up, if the perpetrator is suspected of obstructing official duties, he can be sentenced to fixed-term imprisonment of up to three years, while the punishment usually ranges from fixed-term imprisonment of up to three years, criminal detention, public surveillance or fines, and the punishment is often based on the actual behavior of the perpetrator.