Obstruction of official duties? What is the offence of obstruction of official duties?

The crime of obstruction of official duties can also be called the crime of "obstruction of the execution of official duties". It refers to the use of violence or threats to obstruct state officials from carrying out their official duties in accordance with the law. And its main features are:

1) The object of its infringement is the administrative activities of state organs, and the object of the infringement must be a state functionary who is performing official duties in accordance with the law.

2) There are also objective manifestations of using violence and threats to obstruct state functionaries from performing their official duties in accordance with the law. The so-called violence usually manifests itself in violent actions against the person, such as beating, tying, and confinement; The so-called "threat" usually takes the form of mental coercion in the form of killing, injuring, destroying property or destroying reputation.

3) Finally, the subjective aspect is intentional, that is, knowing that a state agent is performing his official duties in accordance with the law, and deliberately using violence or threats to obstruct it.

Legal basis: Article 242 of the Criminal Law of the People's Republic of China.

Where violence or threats are used to obstruct the rescue of women or children who have been bought, they are to be convicted and punished in accordance with the provisions of article 277 of this Law. Ringleaders who assemble a crowd to obstruct the personnel of state organs from rescuing women or children who have been bought, are to be sentenced to up to five years imprisonment or short-term detention; Where other participants use violence or threats, punishment is to be given in accordance with the provisions of the preceding paragraph.

Obstructing public servants from performing their official duties by means of force, threat, or force.

It also constitutes an obstacle to the execution of duties by law and order.

What is the danger of adding to the sin?

The offence of obstruction of official duties is a criminal offence with a relatively light sentence of up to three years' imprisonment.

If no one is injured, the circumstances are minor, and a decision will generally be made not to file the case and be released.

If a public security officer is injured, he may be sentenced to prison, depending on the severity of the injury.

According to your statement, the behavior of the proprietress is only an act in violation of the "Public Security Administration Punishment Law", which is suspected of obstructing state employees from performing their duties in accordance with the law, and does not constitute a crime of obstructing official duties.

Obstructing state functionaries from lawfully performing their duties refers to the use of violence or threats to obstruct state functionaries from lawfully performing their duties or performing their duties.

In this case, the chengguan team members took pictures, and their behavior was to perform their duties, and the proprietress stepped forward to push the chengguan team members, which was itself an act of obstructing official business, so it was correct for the public security organs to impose an administrative penalty on the proprietress in accordance with the provisions of the Public Security Administration Punishment Law.

Attached: Article 50 of the "Public Security Administration Punishment Law" Anyone who commits any of the following acts shall be given a warning or a fine of not more than 200 yuan; where the circumstances are serious, they are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB

1) Refusal to carry out decisions or orders lawfully issued by the people under a state of emergency;

2) Obstructing the lawful performance of duties by employees of state organs;

3) Obstructing the passage of fire trucks, ambulances, engineering rescue vehicles, police cars, and other vehicles performing emergency tasks;

4) Forcibly breaking into a warning belt or warning area set up by a public security organ.

Where the people's police are obstructed from lawfully performing their duties, a heavier punishment is to be given.

suspected of obstructing the lawful performance of duties by employees of state organs, in accordance with article 50 of the "Public Security Administration Punishment Law", a warning or a fine of up to 200 yuan is to be given; where the circumstances are serious, they are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB

If the circumstances are serious, they will be suspected of the crime of obstructing official duties as stipulated in the Criminal Law.

Whether the crime of obstructing official business is constituted depends on whether the "boss lady" acted violently or threateningly at that time. According to your verbal description, "greeting", "hoping", and "pushing" do not constitute the crime of obstruction of official duties. Of course, whether your language is subjective or not is another matter.

Break a leg.

The degree of harm of the act does not necessarily meet the standard of the crime of obstructing official duties, and for the detention, your party can apply for reconsideration or file an administrative lawsuit with the people's court.

If he was detained for only five days, he would have been punished as an administrative penalty, because the circumstances were minor, and he was not prosecuted for obstruction of official duties. The act of taking pictures of the chengguan itself is an act of performing official duties, which is an act of obstructing official duties, but it is not prosecuted to the court, it is not a crime, and if it constitutes a crime, it will be much more serious.