First case of assaulting police under criminal law, regretting testing the law

Compiled from: Qingdao Jimo District People's Court, Xiaojing Home
 
Case review
On March 11, 2021, the Jimo Branch of Qingdao Public Security Bureau received a report from the public that someone was gambling in a village. Police officer Fan and two auxiliary police officers drove a police car in uniform to the scene and controlled Ai and three others who were participating in gambling. During the process of taking them away, Ai, who had been drinking and gambling, refused to cooperate, lay on the ground, and kicked and grabbed the police, causing minor injuries to two officers. The public security organs immediately placed Ai under criminal detention.

 
 

The Jimo Court found after trial that the defendant Ai violently attacked a people's police officer who was lawfully performing his duties, and his actions constituted the crime of assaulting a police officer. Given that Ai voluntarily admitted guilt and accepted punishment, the court rendered the above verdict. During the trial, Ai covered his face and wept several times, saying that due to ignorance of the law, he had not realized the seriousness of the matter and was deeply regretful.
 
 
《刑法》
Article 277 
Whoever obstructs a state organ functionary from lawfully performing their duties by means of violence or threat shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance, or a fine.
 
Whoever obstructs a deputy to the National People's Congress or a local people's congress at any level from lawfully performing their duties as a deputy by means of violence or threat shall be punished in accordance with the preceding paragraph.
 
Whoever obstructs a Red Cross staff member from lawfully performing their duties by means of violence or threat during natural disasters or emergencies shall be punished in accordance with the provisions of the first paragraph.
 
[1] Whoever intentionally obstructs state security organs or public security organs from lawfully carrying out state security tasks, without using violence or threats, and causes serious consequences, shall be punished in accordance with the provisions of the first paragraph.
 
[2] Whoever violently assaults a people's police officer who is lawfully performing their duties shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or public surveillance; if firearms, controlled knives, or means such as driving a motor vehicle to ram are used, seriously endangering their personal safety, the sentence shall be fixed-term imprisonment of not less than three years but not more than seven years.

 

 
[1] The author's perspective
The crime of assaulting police officers is a new offense added this year in the Criminal Law Amendment (XI), further clarifying the distinction between violent acts against police and general obstruction of official duties. On one hand, the minimum statutory penalty for this crime is set as public surveillance. On the other hand, for acts involving firearms, controlled knives, or driving motor vehicles to ram, which seriously endanger personal safety, the maximum statutory penalty has been raised from the original three years of fixed-term imprisonment to seven years.
 
From a legislative perspective, it affirms the law enforcement authority of the people's police, particularly emphasizing legal protection for police officers performing their duties according to law, meaning that acts of assaulting police will face higher costs for illegal and criminal behavior. The verdict in this case serves as a warning to those who commit violent offenses: every citizen should respect the law and law enforcers, and any assault or insult against police will be severely punished!
 
Behind China's good public security environment lies the silent sacrifice and dedication of countless police officers. Heroes protect the people, and heroes also need protection. With more comprehensive laws as support, on the path to building a safe China, the posture of the people's police will undoubtedly be even more upright!