Question: How to investigate the criminal responsibility of those who use violence or threat to obstruct the staff of the product quality supervision department or the industrial and commercial administration department from performing their duties according to law
Article 69 of the Product Quality Law stipulates: "Whoever obstructs the staff of the product quality supervision department or the administrative department for industry and commerce from performing their duties according to law by means of violence or threat shall be investigated for criminal responsibility according to law; whoever refuses or obstructs the use of violence or threat, shall be punished by the public security organ according to the provisions of the Regulations on Administrative Penalties for Public Security." If the threat method obstructs the staff of the product quality supervision department or the administrative department for industry and commerce from performing their duties according to law, criminal responsibility shall be investigated according to law. Whoever, in accordance with the provisions of Article 277 of the Criminal Law, obstructs State functionaries from performing their duties according to law by means of violence or threat shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or a fine. According to the provisions of the Criminal Law and this Law, to constitute this crime, the following conditions should be met: (1) It must be the use of violence or threat to obstruct the staff of the product quality supervision department or the industrial and commercial administration department from performing their duties according to law. The so-called violence mainly refers to such forceful acts as beating, binding and hurting. The so-called threat refers to the overt threat to kill, injure, destroy property or damage reputation of the above personnel. If a staff member of the product quality supervision department or the industrial and commercial administration department is severely injured or seriously injured to death by violence, which is an implicated crime, he shall be given a heavier punishment according to the crime of intentional injury; If it is intentionally killed, it shall be punished as intentional crime. It does not constitute a crime if the above staff members are only noisy, abusive, disobedient to management, and do not use violence or threats. Of course, the staff of the product quality supervision department or the industrial and commercial administration department must perform their duties according to law. If he is not performing his duties according to law, but taking advantage of his power or arousing public anger of the masses, the masses stop him or turn him over to the relevant departments for reasoning, it cannot be considered as constituting a crime. (2) The actor is subjectively intentional. That is to say, the perpetrator, knowing that the other party is a staff member of the product quality supervision department or the industrial and commercial administration department who is performing official duties, uses violence or threats against the other party in order to prevent the above personnel from performing official duties according to law. If the other party, without knowing that he is a staff member performing his duties according to law, commits the above acts against him, it may constitute another crime, but it does not constitute a crime under this article. It should be noted here that the criminal acts in this article should be distinguished from those of some producers who do not understand certain management measures, complain, speak strange words, and noisy acts of State functionaries; It is different from producers and sellers who have legitimate reasons for appeal and require relevant departments to solve the problem, but the confrontation occurs due to improper methods. The latter is a matter of persuasion and education, and cannot be punished as a crime.
