When there is a riot, can the people's police use weapons in accordance with relevant state regulations?

Regulations of People's Republic of China (PRC) on the Use of Police Equipment and Weapons

Release date: 65438+February 0, 20091

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Regulations of People's Republic of China (PRC) on the Use of Police Equipment and Weapons

(the State Council Decree 19 1 was promulgated and implemented on June 6, 2006)

Chapter I General Principles

Article 1 These Regulations are formulated in accordance with the Police Law of the People's Republic of China and other relevant laws in order to ensure that the people's police perform their duties according to law, correctly use police equipment and weapons, promptly and effectively stop illegal and criminal acts, safeguard public safety and social order, protect citizens' personal safety and legitimate property, and protect public property.

Article 2 The people's police may take compulsory measures to stop illegal and criminal acts. According to the needs, police equipment can be used in accordance with the provisions of these regulations; If the use of police equipment cannot be stopped, or weapons are not used to stop it, which may cause serious harmful consequences, weapons may be used in accordance with the provisions of these regulations.

Article 3 The police equipment mentioned in these Regulations refers to police equipment such as batons, tear gas canisters, high-pressure water guns, special riot guns, handcuffs, shackles and police ropes. , equipped by the people's police in accordance with the provisions; The so-called weapons refer to lethal police weapons such as guns and ammunition equipped by the people's police in accordance with regulations.

Article 4 The use of police equipment and weapons by the people's police shall be based on the principle of stopping illegal and criminal acts and minimizing casualties and property losses.

Article 5 The use of police equipment and weapons by the people's police according to law shall be protected by law.

The people's police shall not use police equipment and weapons in violation of the provisions of these regulations.

Article 6 Before using police equipment and weapons, the people's police shall order irrelevant personnel present to withdraw; Irrelevant personnel present should obey the command of the people's police to avoid injury or other losses.

Chapter II Use of Police Equipment

Article 7 The people's police may use batons, tear gas, high-pressure water guns, riot guns and other police equipment under any of the following circumstances:

(a) gang fights, beatings, affray, insulting women or other hooliganism;

(2) Gathering people to disturb the order of public places such as stations, docks, civil aviation stations and sports fields;

(3) Illegal assembly, procession and demonstration;

(four) forcibly crossing the cordon set by the people's police in performing their duties;

(five) to resist or hinder the people's police from performing their duties according to law by violent means;

(6) Attacking the people's police;

(seven) other acts that endanger public security, social order and the personal safety of citizens and need to be stopped on the spot;

(eight) other circumstances in which police equipment can be used as stipulated by laws and administrative regulations.

The use of police equipment by the people's police in accordance with the provisions of the preceding paragraph is limited to stopping illegal and criminal acts; When illegal and criminal acts are stopped, they should be stopped immediately.

Article 8 The people's police shall perform the following tasks according to law. Criminals may escape, kill, commit suicide, injure themselves or commit other dangerous acts, and they may use binding police equipment such as handcuffs, shackles and police ropes:

(1) Capturing a criminal or a major criminal suspect;

(2) To execute arrest, detention, custody, escort, interrogation, compulsory summons and compulsory summons;

(3) Other circumstances in which police equipment can be used as stipulated by laws and administrative regulations.

The people's police shall use police equipment in accordance with the provisions of the preceding paragraph and shall not intentionally cause personal injury.

Chapter III Use of Weapons

Article 9 In case of emergency, the people's police may use weapons if they commit one of the following violent crimes and the warning fails:

(a) arson, water bursting, explosion and other serious hazards to public safety;

(2) hijacking an airplane, a ship, a train, a motor vehicle or driving a motor vehicle such as a car or a ship, intentionally endangering public safety;

(3) robbing or robbing guns, ammunition, explosives, toxic substances and other dangerous goods, which seriously endangers public safety;

(four) the use of firearms, explosives, toxic and other dangerous goods to commit a crime or threaten to use firearms, explosives, toxic and other dangerous goods to commit a crime;

(five) the destruction of military, communications, transportation, energy, insurance and other important facilities, enough to cause serious and imminent danger to public safety;

(six) the implementation of murder, hostage-taking and other violent acts, endangering the safety of citizens;

(seven) the objects and targets of the guards, guards and guards specified by the state are attacked or destroyed by violence, or are in imminent danger of being attacked or destroyed by violence;

Gang robbery or armed robbery of public or private property;

(nine) affray, trouble, etc. Seriously undermining public order, which cannot be stopped by other means;

(10) resisting or obstructing the people's police from performing their duties according to law by violent means or violently attacking the people's police, endangering the life safety of the people's police;

(eleven) prisoners and criminals gather to make trouble, riot, kill or escape;

(12) robbing criminals;

(13) resisting arrest or fleeing after committing arson, breaking water, explosion, murder, robbery or other serious violent crimes;

(14) Criminals resist arrest or escape with guns, explosives, toxic substances and other dangerous goods;

(fifteen) other circumstances in which weapons can be used as stipulated by laws and administrative regulations.

If the people's police use weapons in accordance with the provisions of the preceding paragraph without warning or warning may lead to more serious harmful consequences, they may directly use weapons.

Article 10 The people's police shall not use weapons under the following circumstances:

(1) It is found that the perpetrator is a pregnant woman or a child, except that violent crimes are committed by using dangerous goods such as guns, explosions and poisonous drugs;

(2) Criminals in places where people gather or where a large number of inflammable, explosive, toxic, radioactive and other dangerous goods are stored will have more serious harmful consequences unless they are stopped by weapons.

Eleventh people's police in any of the following circumstances, should immediately stop using weapons:

(a) criminals stop committing crimes and obey the orders of the people's police;

(2) The criminal loses the ability to continue committing crimes.

Article 12 If the people's police use weapons to cause casualties to criminals or innocent people, they shall promptly rescue the injured and protect the scene, and immediately report to the local public security organ or the subordinate organ of the people's police.

After receiving the report, the local public security organ or the subordinate organ of the people's police shall conduct an inquest and investigation in time and notify the local people's procuratorate in time.

If criminals or innocent people are killed or injured, the local public security organ or the subordinate organ of the people's police shall promptly notify their families or units.

Thirteenth people's police who use weapons shall truthfully report the use of weapons to their subordinate organs in writing.

Chapter IV Legal Liability

Fourteenth people's police illegal use of police equipment and weapons, causing undue casualties and property losses, which constitutes a crime, shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be given administrative sanctions according to law; In case of personal injury or property loss, the organs subordinate to the people's police shall make compensation in accordance with the relevant provisions of the State Compensation Law of People's Republic of China (PRC).

Fifteenth people's police use police equipment and weapons according to law, resulting in innocent casualties or property losses, by the people's police organs in accordance with the relevant provisions of the "People's Republic of China (PRC) State Compensation Law" to compensate.

Chapter V Supplementary Provisions

Article 16 The relevant provisions of these Regulations shall apply to the use of police equipment and weapons by the Chinese People's Armed Police Force in carrying out the security tasks entrusted by the state.

Article 17 These Regulations shall come into force as of the date of promulgation. 1980 the regulations on the use of weapons and police equipment by the people's police promulgated and implemented on July 5 shall be abolished at the same time.