The crime of obstructing official duties refers to the act of obstructing the staff of state organs from performing their duties according to law by violence or threat. The object of this crime is the staff of state organs who perform their duties according to law. The sentencing rules of the crime of disrupting public service are decided by the court according to law, and the judgment will comprehensively consider the defendant's criminal circumstances, the degree of harm, the attitude of pleading guilty, compensation and other factors. At the same time, the defendant's criminal record, recidivism and other factors will also be taken into account. In order to avoid the crime of obstructing official duties, citizens should abide by laws and regulations, respect the law enforcement actions of state functionaries, and must not use violence or threats to hinder them from performing their duties. If you encounter related problems, you can appeal for rights protection through legal channels.
The difference between the crime of obstructing official duties and the crime of assaulting a police officer;
1, the purpose of violence is different. The usual purpose is one of the reference elements to judge the subjective malignancy of the perpetrator, and it is also the first element to distinguish the crime of obstructing official duties from the crime of assaulting a police officer. The subjective malignancy of violent behavior controlled by intentional mentality is obviously higher than that of harmful behavior controlled by negligent mentality. The former has gone beyond the scope of solving official duties and has risen to the level of attacking personal safety. It belongs to the motive of venting dissatisfaction, trying to be brave and other vicious crimes and should be evaluated as assaulting a police officer.
2. Different means of violence. The violent means of assaulting a police officer should be physical violence such as punching, kicking and so on. Only the violent means with physical characteristics can meet the original legislative intention of protecting the personal safety of the people's police in performing official duties. Although the intangible violent means such as anesthesia and binding are dangerous to personal safety, which objectively causes the staff of state organs to be unable to continue to perform their official duties, they still infringe on the legal interests of the state to entrust the proper exercise of law enforcement power.
3. The results of violence are different. Even if the crime of obstructing official duties and the crime of assaulting a police officer only require acts with violent elements and do not require actual damage results, the damage results are still one of the important criteria for distinguishing the crime of obstructing official duties from the crime of assaulting a police officer. In the past, the criteria for distinguishing damage results were rather general. The first is the result of minor injuries caused by violent acts, and the perpetrator constitutes a crime of nuisance of official duties or is punished by a heavier penalty for nuisance of official duties. Second, the violent behavior caused minor injuries and the above results, and the criminal responsibility of the perpetrator was directly investigated for intentional injury or intentional homicide.
To sum up, the sentencing rules of the crime of obstructing official duties depend on the specific circumstances and the degree of harm. Citizens should abide by laws and regulations, respect law enforcement and avoid criminal acts.
Legal basis:
Criminal law of the people's Republic of China
Article 277
Whoever 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.