What is the crime of obstructing the execution of official duties?

The crime of obstructing official duties refers to the act of obstructing state functionaries, people's deputies and Red Cross staff from performing their duties according to law under certain conditions by means of violence or threat, or deliberately obstructing state security organs and public security organs from performing state security tasks according to law by means other than violence or threat, resulting in serious consequences.

Constitutive characteristics of the crime of obstructing official duties

1, the object of infringement is the official activities of state organs and the Red Cross. The object of infringement can only be the staff of state organs, deputies to the National People's Congress and staff of the Red Cross who are performing their duties according to law.

2. Objectively, it is an act that obstructs the staff of the National People's Congress from performing their duties according to law by means of violence or threat, or obstructs the state security organs and public security organs from performing the tasks of state security according to law, without using violence or threat, but causing serious consequences.

3. The subject of this crime is the general subject.

4. The subjective aspect of this crime is generally direct intention.

To sum up, the crime of obstructing official duties refers to the act of obstructing state personnel from performing their duties according to law by violence or threat. One of the crimes of disturbing social management order stipulated in China's criminal law.

Legal basis:

Criminal law of the people's Republic of China

Article 242

Whoever, by means of violence or threats, obstructs the functionaries of state organs from rescuing the bought women and children shall be convicted and punished in accordance with the provisions of Article 277 of this Law.

Article 277

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.

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 the 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.

Whoever violently attacks the people's police who are performing their duties according to law shall be given a heavier punishment in accordance with the provisions of the first paragraph.