China News Service, May 17th. According to the Supreme People’s Procuratorate website, the "Criminal Law Amendment (11)" passed on December 26, 2020 clarifies the crime of assault on the police as a separate crime and allocates an independent statutory penalty.

The Criminal Law Amendment (Eleventh) was formally implemented on March 1 this year and until the end of March, procuratorial organs across the country approved the arrest of 405 suspects of assaulting police and the prosecution of 101 people in accordance with the law, effectively safeguarding the authority of the people’s police in law enforcement and protecting personal safety.

  One is that it is closely related to drunkenness.

The analysis found that in the crime of assaulting the police, most of the suspects committed crimes on a temporary basis, and most of the perpetrators experienced an escalation process from emotional resistance to verbal noise, and then to physical confrontation and even armed confrontation.

Among them, a relatively large proportion of people vent their dissatisfaction with law enforcement police due to the loss of control after being drunk.

For example, among the 42 police assault cases handled by the procuratorial organs of Jiangsu Province, 47.6% of them were violent against law enforcement police due to drunken troubles or disputes with others; 4 of the 3 police assault cases accepted by the procuratorial organs of Qinghai Province All the suspects vented their dissatisfaction with the law enforcement police after being drunk.

  Second, minor violence assaults on the police accounted for a relatively large proportion.

In this type of crime, criminal suspects often use insults, shoving, tearing, and beating to obstruct the police from performing their official duties.

For example, of the 16 police assault cases handled by the Hubei Provincial Procuratorate, 12 of the suspects used punches, kicks, bites and other minor injuries to obstruct law enforcement, accounting for 75%.

  Third, the application rate of plea and punishment is relatively high.

With the continuous improvement of the standardization of law enforcement by public security organs, law enforcement police have gradually standardized the use of on-site law enforcement recorders. Most of these cases have live audio and video recordings as direct evidence.

In the face of a solid evidence base, criminal suspects are often unable to refute, and proactively choose to plead guilty and punished for leniency.

In addition, most of the criminal suspects who attacked the police because of their uncontrollable emotions after drinking are often able to recognize their own mistakes after being sober or after being criticized and educated, truthfully confess their crimes, sincerely repent and apologize.

  In the next step, the procuratorial organs will strengthen the analysis and analysis of problems encountered in judicial practice on the basis of full investigations.

In particular, the Supreme People’s Procuratorate will promptly negotiate with the Supreme People’s Court to further unify the subject of the crime of assault on the police, the determination of the degree of violence, and the understanding of the standard of incrimination reported by some procuratorial organs. Judicial law enforcement standards.

  The Supreme People’s Procuratorate will further strengthen its professional guidance for handling similar cases by lower-level procuratorial organs, publish typical cases or guiding cases in due course, further clarify the standards and requirements for handling cases, and improve the quality and efficiency of case handling. In response to the suspects’ lack of awareness of their own rules, weak awareness of the rule of law, and ignorance of the crime of assaulting police as reflected in such crimes, local procuratorial organs will continue to make full use of various propaganda platforms such as the “two micro and one end” and rule of law education classrooms. Carry out extensive publicity to clarify the illegality and serious harm of the police attack from multiple perspectives, so that the people understand and support the police in performing their official duties in accordance with the law, and promote the formation of a good social atmosphere of "respect for the law and respect for law enforcement".