《 It was mentioned in the guidance that, in accordance with the law, a heavier punishment should not equate the attack on the police with a general act of intentional injury, but should not only take the physical injury of the civilian police as the criterion of constituting a crime, but should take into account the means of conduct, the manner of conduct and the degree of influence on the position. At the same time, to attack police crime, strictly grasp the wide-ranging.
Those who have bitten, kicked, wrestled or hurled, attacked the person of the civilian police, and those who have smashed, destroyed or robbed the police vehicles, equipment and other police equipment being used by the civilian police, and who have attacked the person of the civilian police, are all acts of violence against the police and shall be convicted and given a heavier punishment for the crime of obstruction of official duties according to law.
At the same time, if the civilian police who are carrying out their duties according to law do not carry out violent attacks but threaten to do so, they shall be convicted and punished for the crime of obstruction of public service in accordance with the provisions of the criminal law.
A drunk person who commits a crime of assaulting a police officer shall bear criminal responsibility. Whoever instigates or incites others to commit a crime of attacking police or provides tools or assistance for others to carry out a crime of attacking police shall be punished as a joint crime.
In addition, if the attack on the police is minor or the abuse of the police does not yet constitute a crime, but constitutes a violation of public security administration, the punishment for public security administration shall be given a heavier punishment according to law.
The government knows (wechat id: policy) noted that the guidance notes that if there are seven cases of violence against police, further heavier penalties are imposed as appropriate, and probation is generally not applicable.
Obstructing the civilian police in performing their duties according to law, causing casualties to others, loss of public and private property or serious consequences such as escape of criminal suspects and destruction of evidence;
《 Guidance Notes "Serious crimes such as the crime of endangering public safety, the crime of robbing guns, the crime of robbing guns and the crime of intentional homicide shall be applied according to law for those who have rammed or dragged the civilian police and robbed the civilian police guns and endangered public safety or the personal safety of the civilian police.
Moreover, civilian police who perform their duties in non-working hours in accordance with the People's Police Law of the People's Republic of China and other laws shall be regarded as performing their duties. During the period when the civilian police are not performing their duties, they shall be convicted of the crimes of intentional injury, intentional homicide and provoking trouble according to law, and shall be given a heavier punishment according to the specific circumstances of the attack on the police.
《 The guidance states that, in the course of their disposal, civilian police are protected by law by the use of weapons, police equipment or other necessary measures to stop attacks on police in accordance with the law.
The People's Procuratorate shall strictly grasp the circumstances of no arrest and no prosecution, such as the necessity of no arrest and the circumstances of the crime being minor, and shall make a decision with caution not to arrest or prosecute. If an attack on the police constitutes a crime, the people's court shall promptly try the case according to law.
When handling such cases, the people's courts, the people's procuratorates and the public security organs should accurately understand the serious harm to the state's legal order caused by the attack on the police, and should not equate the attack on the police with a general act of intentional injury.
Where a crime constitutes a crime, but there are circumstances such as first-time offenders, occasional offenders, civil compensation and the understanding of the victims, the lenient limits shall be strictly grasped when appropriate.
Whoever commits a crime of a particularly serious nature and harmful consequences, who commits a particularly cruel crime or has a particularly bad social impact, shall not be given a lenient punishment according to law, despite the above-mentioned discretionary lenient circumstances but not sufficient for a lenient punishment.