During the pandemic, police authority must not be violated!
Time:
2020-02-07
Author:
Chen Zhen, Chen Xiao
Source:
Guangxi Tongwang Law Firm
Visits:
22
Fighting the epidemic is a people's war, requiring the participation, support, and cooperation of the entire society, with concerted efforts from top to bottom. Currently, we are in a critical period of epidemic prevention and control, but there are still some people who do not cooperate or even hinder the work of police officers on the front line of prevention and control.
At approximately 10:00 AM on January 25, 2020, officers from the Fujia Police Station of the Renshou County Public Security Bureau in Sichuan Province were performing security duties at Baitasi Temple in Fendou Village, Fujia Town, as part of the novel coronavirus pneumonia prevention and control efforts, aiming to prevent cross-infection risks from gatherings. The suspect, Wu, forcibly entered the cordon despite warnings. After repeated verbal warnings were ignored, the police initiated a mandatory summons of Wu according to law. During the process of forcibly removing him, Wu and his family members Huang, Li, and Huang verbally abused and physically assaulted the officers, causing multiple injuries. Currently, criminal suspects Wu and the other three individuals are under criminal detention in accordance with the law.
At approximately 10:00 PM on January 29, 2020, a villager named Xu from Zongyang County caused a disturbance at the village committee. During the police response, officers informed Xu about epidemic prevention measures and advised him not to panic. Xu ignored these warnings, obstructed the police, and injured an auxiliary police officer. The Criminal Police Team of the Urban Responsibility Area of the Zongyang County Public Security Bureau quickly investigated and determined the criminal facts of the suspect Xu. Currently, the criminal suspect Xu is under criminal detention in accordance with the law for suspected obstruction of official duties.
On the afternoon of January 30, 2020, while officers from the Keerqin District Public Security Bureau were conducting epidemic prevention registration and temperature checks for individuals entering and exiting a residential complex in the Horqin jurisdiction, the suspect, Li, refused to cooperate with the police inspection despite warnings. Li verbally abused and physically assaulted the officers on duty, disrupting the on-site epidemic inspection work and severely impacting public order. Currently, the Keerqin District Public Security Bureau has placed the criminal suspect Li under criminal detention in accordance with the law for suspected obstruction of official duties.
On February 1, 2020, Hong Xiaomou, a villager from Chetian Village, Wuyuan, who had contact with individuals returning from Wuhan, arrived at the Chetian Village sand field epidemic checkpoint and was stopped by staff. Hong Xiaomou's father, brother, and others disregarded the staff's patient劝导 and insisted on forcibly taking Hong Xiaomou home. When police officers from the Dazhangshan Police Station and government staff intervened, Hong Xingmou, Hong Xiaomou's brother, shoved the police and assaulted a government staff member, causing a nosebleed. Following the incident, the Wuyuan County Public Security Bureau immediately launched an investigation. On February 2, Hong Xingmou was placed under criminal detention by public security authorities for suspected obstruction of official duties.
On the morning of February 2, 2020, government staff in Jiuguan Town, Nanxun District, Huzhou City, discovered Wang, a resident under home isolation, had left his residence without authorization during a routine inspection. The staff then attempted to persuade Wang to comply with home isolation regulations, but Wang refused to cooperate. Subsequently, on-duty police officers from the Jiuguan Police Station of the Nanxun District Public Security Bureau arrived to provide assistance. Wang continued to refuse cooperation and violently obstructed the officers, causing multiple injuries to their face and neck. Currently, the criminal suspect Wang is under criminal detention by the Nanxun Branch of the Huzhou Public Security Bureau for suspected obstruction of official duties.
Crimes that may be constituted by illegal and criminal acts of assaulting the police
The people's police are a vital national law enforcement and judicial force, representing the state in exercising law enforcement power and bearing the responsibility of safeguarding national political security, maintaining social stability, and ensuring the people's well-being. Due to the unique nature of their work, police officers often face violent attacks and even retaliation from criminals while performing their duties according to the law. Illegal and criminal acts of assaulting the police not only violate the personal rights and interests of the officers but also disrupt the normal management order of society, fundamentally undermining the dignity of national law and the authority of the government. On December 27, 2019, the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security jointly issued the "Guiding Opinions on依法惩治袭警违法犯罪行为 (Guiding Opinions on依法惩治袭警违法犯罪行为)", which officially took effect on the date of issuance. This is the first normative document in China jointly issued by these three bodies specifically to punish illegal and criminal acts of assaulting the police. Let's clarify what constitutes illegal and criminal acts of assaulting the police and the corresponding legal responsibilities.
1. Obstructing Public Service Crime
The following acts of violent assault against people's police who are performing their duties in accordance with the law shall be convicted and punished severely for the crime of obstructing public service:
1. Physically attacking police officers by biting, kicking, grappling, throwing objects, etc.;
2. Attacking police officers by smashing, destroying, or seizing police vehicles, police equipment, or other police gear in use;
If a police officer who is performing his duties in accordance with the law has not been subjected to violent assault, but threatens to use violence, and meets the provisions of Article 277, Paragraph 1 of the Criminal Law, he shall be convicted and punished for the crime of obstructing public service.
A drunken person who commits a crime of assaulting the police shall be held criminally liable.
Instigating or inciting others to commit a crime of assaulting the police or providing tools or assistance for others to commit a crime of assaulting the police shall be punished as a joint crime.
If the circumstances of assaulting the police are minor or the police are insulted, which does not constitute a crime, but constitutes a violation of public security administration, a heavier punishment for public security administration shall be given in accordance with the law.
If a violent act of assaulting the police is committed, one of the following circumstances shall be taken into consideration for a heavier punishment:
1. Attacking the police with weapons or dangerous items, or using a motor vehicle to attack the police;
2. Causing minor injuries to the police or serious damage to police equipment;
3. Obstructing the police from performing their duties in accordance with the law, causing casualties or losses of public or private property, or causing criminal suspects to escape, destroy evidence, or other serious consequences;
4. Causing adverse social consequences such as large crowds or traffic congestion;
5. Gathering multiple people to attack the police or attacking two or more police officers;
6. Having been punished for assaulting the police and assaulting the police again;
If the above-mentioned acts constitute a crime, probation shall generally not be applicable.
2. Endangering Public Safety by Dangerous Means, Intentional Homicide, Intentional Injury
Using a vehicle to crash into, run over, drag, or scrape against police officers, or intentionally obstructing or colliding with police vehicles performing their duties, thereby endangering public safety or the life, health, and safety of police officers, and meeting the provisions of Articles 114, 115, 232, and 234 of the Criminal Law, shall be convicted of the crime of endangering public safety by dangerous means, intentional homicide, or intentional injury, and shall be given a heavier punishment at the discretion of the court. Violent assault on the police, resulting in serious injury or death to the police, and meeting the provisions of Articles 234 and 232 of the Criminal Law, shall be convicted of intentional injury or intentional homicide, and shall be given a heavier punishment at the discretion of the court.
3. Crime of Robbing a Gun, Crime of Seizing a Gun
Robbing or seizing a police officer's gun, in accordance with the provisions of Article 127, Paragraph 2 of the Criminal Law, shall be convicted of the crime of robbing a gun or the crime of seizing a gun.
4. Intentional Injury, Intentional Homicide, Picking Quarrels and Provoking Troubles
During the period when the police are not performing their duties, if they commit violent attacks, interceptions, intimidation and other acts against them due to their job duties, and meet the provisions of Articles 234, 232, and 293 of the Criminal Law, they shall be convicted of intentional injury, intentional homicide, picking quarrels and provoking troubles, etc., and shall be given a heavier punishment at the discretion of the court depending on the specific circumstances of the assault on the police.
Illegal and criminal acts of assaulting the police under the epidemic
According to Article 8 of the Interpretation on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Obstructing the Prevention and Control of Outbreaks of Infectious Diseases and Other Disasters, those who obstruct state organ personnel and Red Cross personnel from performing their duties in accordance with the law by means of violence or threats to prevent and control measures such as epidemic prevention, quarantine, compulsory isolation, and isolation treatment taken for the prevention and control of outbreaks of infectious diseases and other disasters shall be convicted and punished for the crime of obstructing public service in accordance with the provisions of Articles 277, Paragraph 1 and Paragraph 3 of the Criminal Law. During the critical period of fighting the novel coronavirus, every citizen has the obligation to obey the government's health and quarantine measures, actively cooperate with the relevant work of administrative organs, public security and judicial organs, and Red Cross personnel, and do their part to eliminate the spread of the novel coronavirus. At this time, any refusal to obey public security control and health quarantine will be subject to legal sanctions, especially violent assaults on the police, driving and crashing, and other acts that pose a particularly strong danger to the personal safety of the police by means of violence and threats, will be severely punished by criminal law. Those who constitute the crime of obstructing public service may be sentenced to fixed-term imprisonment of not more than 3 years, and those who constitute the crime of endangering public safety by dangerous means may be sentenced to death. The outbreak of pneumonia caused by the novel coronavirus came suddenly, directly threatening the lives, safety, and health of the people. On this battlefield without gunpowder, at the moment when the people need them most, the public security police stepped forward and selflessly fought against the epidemic and charged forward. They also have families, old and young. For the sake of the "greater good", they are willing to give up the "smaller family" and resolutely choose to move forward, facing hardships and dangers. How can we bear to hurt them?! If they are hurt today, who will protect peace tomorrow?! At this critical moment of novel coronavirus prevention and control, please be sure to resolutely implement government orders and decisions, strictly abide by relevant epidemic prevention and control requirements, earnestly take responsibility for yourself, your family, and society, actively respond to the call, fulfill your epidemic prevention and control obligations, and understand and support community management work. For those who violently assault the police, obstruct public security police from performing their duties, or obstruct public service, the public security organs will resolutely defend the authority of the law and the dignity of law enforcement, resolutely safeguard the rights and interests of the police, take decisive action, and severely punish them!
Here, we call on:
If you can't be on the front line
Stay at home and cooperate to do a good job in epidemic prevention and control
Spring will eventually come
The hustle and bustle will eventually return
Salute to the navy blue "retrogrades"!