Today, someone came to Shanghai Conshine Law Firm to consult us about how to sentence obstruction of justice, so lawyers from our firm would like to talk about that.
     A person who obstructs the staff of state organs from legally performing their duties by violence or threats shall be punished with imprisonment for no more than three years, detention, surveillance, or fines in accordance with Article 277 of the Criminal Law of the People’s Republic of China.

     A person who obstructs the representatives of the National People’s Congress and the local People’s Congresses at all levels from legally performing their duties as representatives by violence or threats shall be punished according to the provisions of the preceding paragraph.

In natural disasters and emergencies, a person who obstructs the staff of Red Cross Society from legally performing their duties by violence or threats shall be punished according to the provisions of the first paragraph.

A person who intentionally obstructs national security organs and public security organs from legally performing missions related to the national security without using violence or threats, but leading to serious consequences, shall be punished according to the provisions of the first paragraph.

    A person who violently attacks a people’s police legally performing his/her duties shall be given a severer punishment according to the provisions of the first paragraph.

First paragraph of Article 242 stipulates that a person who obstructs the staff of state organs from rescuing bought women and children by violence or threats shall be convicted and punished according to the provisions of Article 277 of this Law.

    Reply on Whether the Infringer will be Punished for the Crime of Disrupting Public Service by Obstructing the Authorized Staff from Legally Performing Their Duties of Administrative Enforcement of Law by Violence or Threats by the Supreme People’s Procuratorate of the People’s Republic of China (April 24, 2000 G.J.F.S.Z No. 2 [2000])

    A person, who obstructs the staff of state-owned institutions from performing their duties of administrative enforcement of law according to the provisions of laws and administrative regulations by violence or threats, or who obstructs the authorized staff of national organs that are commissioned to engage in administrative enforcement of law from performing their duties of administrative enforcement of law by violence or threats, may be held criminally responsible for the crime of disrupting public service.

    The aforementioned laws and judicial interpretation subdivide the term of penalty for the crime of disrupting public service, specifically to the sentencing of each case. People’s court shall make a comprehensive decision during the judgement by integrating whether the defendant is under age or deaf-mute, voluntarily surrenders himself/herself, makes contributions, acquires an understanding from the victim or the victim’s family, is an accessory offender, has criminal records and causes other severe influence as well as his/her attitude toward admission of guilt.