| Guiding Opinions of the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security for Punishing Illegal and Criminal Acts of Assaulting Police Officers according to the Law | | 最高人民法院、最高人民检察院、公安部关于依法惩治袭警违法犯罪行为的指导意见 |
| (January 10, 2020) | | （2020年1月10日） |
| Police officers exercise law enforcement power on behalf of the state and assume the important responsibilities of cracking down on illegal criminal activities, maintaining social stability, keeping judicial order and executing effective judgments. During the process of lawful performance of duties, incidents that police officers are violently assaulted and retaliated by criminals frequently occur, and some criminals are arrogant and cruel, and even assault police officers in a premeditated and crowded manner, which not only endangers the personal safety of police officers, but also seriously damages the authority of the laws of the state and disrupts the normal management order of the state. For the purposes of effectively safeguarding the dignity of the laws of the state, guaranteeing the authority of police officers in law enforcement, protecting the personal safety of police officers, and punishing illegal and criminal acts of assaulting police officers, as jointly studied and decided by the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security, these Opinions are developed. | | 人民警察代表国家行使执法权，肩负着打击违法犯罪、维护社会稳定、维持司法秩序、执行生效裁判等重要职责。在依法履职过程中，人民警察遭受违法犯罪分子暴力侵害、打击报复的事件时有发生，一些犯罪分子气焰嚣张、手段残忍，甚至出现预谋性、聚众性袭警案件，不仅危害民警人身安全，更严重损害国家法律权威、破坏国家正常管理秩序。为切实维护国家法律尊严，维护民警执法权威，保障民警人身安全，依法惩治袭警违法犯罪行为，根据有关法律法规，经最高人民法院、最高人民检察院、公安部共同研究决定，制定本意见。 |
| I. Anyone who commits any of the following acts against a police officer who is performing his or her functions according to the law shall be deemed to fall under the circumstance of “attacking by violence any police officer who is performing his or her functions” as set out in subparagraph 5 of Article 277 of the Criminal Law, and shall be convicted and given a heavier punishment for the crime of disrupting public service: | | 一、对正在依法执行职务的民警实施下列行为的，属于刑法第二百七十七条第五款规定的“暴力袭击正在依法执行职务的人民警察”，应当以妨害公务罪定罪从重处罚： |
| 1. assaulting a police officer by biting or striking a police officer with a foot or hand, or holding or throwing a police officer onto the ground. | | 1.实施撕咬、踢打、抱摔、投掷等，对民警人身进行攻击的； |
| 2. assaulting a police officer by smashing, damaging or looting a police vehicle, police tool and other police equipment being used by a police officer. | | 2.实施打砸、毁坏、抢夺民警正在使用的警用车辆、警械等警用装备，对民警人身进行攻击的； |
| Anyone who, though not violently assaulting a police officer who is performing his or her functions according to the law, threatens to commit violence, and falls under the circumstances prescribed in subparagraph 1 of Article 277 shall be convicted and punished for the crime of disrupting public service. | | 对正在依法执行职务的民警虽未实施暴力袭击，但以实施暴力相威胁，符合刑法第二百七十七条第一款规定的，以妨害公务罪定罪处罚。 |
| A drunk person assaulting a police officer shall assume criminal liability. | | 醉酒的人实施袭警犯罪行为，应当负刑事责任。 |
| Anyone who instigates or incites another to assault a police officer or provides a tool or assistance for another's assault upon a police officer shall be punished as an accomplice. | | 教唆、煽动他人实施袭警犯罪行为或者为他人实施袭警犯罪行为提供工具、帮助的，以共同犯罪论处。 |
| Where anyone assaults a police officer and falls under minor circumstances or abuses a police officer, which does not constitute a crime but constitutes a violation of public security administration, such person shall be given a heavier public security administration punishment. | | 对袭警情节轻微或者辱骂民警，尚不构成犯罪，但构成违反治安管理行为的，应当依法从重给予治安管理处罚。 |
| II. Anyone who violently assaults a police officer and falls under any of the following circumstances shall be given a heavier punishment at discretion on the basis of Article 1: | | 二、实施暴力袭警行为，具有下列情形之一的，在第一条规定的基础上酌情从重处罚： |
| 1. assaulting a police officer with a lethal weapon or hazardous article, or by driving a motor vehicle. | | 1.使用凶器或者危险物品袭警、驾驶机动车袭警的； |
| 2. causing minor injury of a police officer or serious damage to a police equipment. | | 2.造成民警轻微伤或者警用装备严重毁损的； |
| 3. hindering a police officer from performing his or her duties according to the law, or causing injury or death of others, loss of public or private property, escape of a criminal suspect, destruction of evidence or any other serious consequence. | | 3.妨害民警依法执行职务，造成他人伤亡、公私财产损失或者造成犯罪嫌疑人脱逃、毁灭证据等严重后果的； |
| 4. causing crowding of many people, traffic jam or any other adverse social impact. | | 4.造成多人围观、交通堵塞等恶劣社会影响的； |
| 5. gathering multiple persons to assault a police officer or assaulting two or more police officers. | | 5.纠集多人袭警或者袭击民警二人以上的； |
| 6. assaulting a police officer after being punished for assault upon a police officer. | | 6.曾因袭警受过处罚，再次袭警的； |
| 7. committing other acts of seriously assaulting a police officer. | | 7.实施其他严重袭警行为的。 |
| Anyone committing any of the aforesaid behaviors which constitutes a crime shall not be given probation generally. | | 实施上述行为，构成犯罪的，一般不得适用缓刑。 |
III. Anyone who drives a vehicle to crash into, run over, drag or scratch a police officer, or to cut off in traffic or collide with a police vehicle performing duties, thereby endangering public security or the life or health security of a police officer, and falls under the circumstances prescribed in Article 114, 115, 232
．．．．．． | | 三、驾车冲撞、碾轧、拖拽、剐蹭民警，或者挤别、碰撞正在执行职务的警用车辆，危害公共安全或者民警生命、健康安全，符合刑法第一百一十四条、第一百一十五条、第二百三十二条、第二百三十四条规定的，应当以以危险方法危害公共安全罪、故意杀人罪或者故意伤害罪定罪，酌情从重处罚。
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