Judicial Application Of Violent Assaulting Police In Article 277,Paragraph 5 Of The Criminal Law

The Criminal Law Amendment(IX)Amended Article 277 of the Criminal Law and added the fifth paragraph "When the violent attack is carried out by the people's police who are performing their duties according to law,they are severely punished according to the provisions of the first paragraph." This provision should be regarded as a serious circumstance for nuisance of official duties,but not the constitutive elements of the crime."Violence assaulting police" is not limited to violent attacks on the body of the people's police.It should be a broad-based violence,which is the same as the first paragraph of this article in terms of system status and specific content.The execution of duties according to law must be the abstract duties of the people's police officers who perform official duties.Their official activities must not harm the legitimate rights and interests of the state,the collectives and citizens,and must meet the important conditions,methods and procedures stipulated by law.The scope of the official duties being performed shall include all duties within the scope of official duties from the beginning of execution until the end of execution.A continuous or integrated execution of the position must be examined as a whole.The crime of nuisance of official duties is an abstract dangerous criminal,and its establishment is not based on the actual effect of hindering the normal execution of official activities.When the violent assault behavior constitutes a violation of several crimes,the imaginary co-author of this crime with intentional assault and intentional homicide is established.It is worth noting that the violent attacks on the behavior of police personnel who assist the people's police in performing their duties according to law should also apply the penalties of this paragraph.