Constitutive elements of the crime of obstructing official duties

Elements of the crime of obstructing official duties:

1, the subject of the crime of obstructing official duties is a general subject, and no special identity is needed;

2. Subjectively intentional, negligence does not constitute a crime of obstructing official duties; Objectively violated the order and authority of Chinese state organs in performing official duties;

3. Objectively, acts of violence and threats were carried out to hinder the staff of state organs from performing their duties according to law.

Sentencing standard of the crime of obstructing official duties;

1. 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;

2. If it is a violent attack on the people's police who are performing their duties according to law, they shall be given a heavier punishment in accordance with the above provisions.

Obstruction of official duties may constitute a criminal offence or breach of public order, depending on the circumstances and consequences. If detained, the former belongs to criminal detention and the latter belongs to administrative detention. If it is a minor violation of the law, it can be administratively detained or punished; If a major suspect constitutes a crime, it is criminal detention and a prelude to requesting approval for arrest. Whoever obstructs the people's police from performing their duties according to law may be given a heavier punishment. If the circumstances are serious, they shall be detained for not less than five days but not more than ten days, and may also be fined not more than 500 yuan.

Legal basis: Article 277 of the Criminal Law of People's Republic of China (PRC).

The crime of nuisance of official duties, which 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.