Case 5: Liu and Lv's obstruction of official duties

Basic Case

On the evening of November 1, 2019, the defendants Liu and Lv A wine in Hefei When dining in a restaurant, two people drink a lot during the dinner and then play drunken mania in the box, Alcohol The store called the police. Wang from the police and Li from the auxiliary police Send the police to the scene after 110 instructions. During this period, Liu and Lv did not cooperate with the law enforcement. Liu kicked the police officer Wang and knocked down the glasses of the assistant police officer Li. Lv insulted and provoked the police officer Wang and pinned the police officer Wang down hotel In the pool, Wang suffered head injury. Later, the reinforced police rushed to the scene to control Mr. Lv and Mr. Liu and took them back to the police station.

【 Proceedings 】

The case The case was filed and investigated by Hefei Shushan District Public Security Branch, On November 26, 2019, Mr. Liu and Mr. Lv were asked for approval for arrest on suspicion of obstructing official duties. Hefei Shushan District People's Procuratorate After examination, it is considered that: criminal suspect Liu 、 Lv The use of violence and threats after drinking to obstruct the police from performing their duties according to law constitutes a crime of obstructing public service, which is of great social danger On December 2, 2019, the arrest of criminal suspects was approved according to law Liu 、 Lv 。

On January 8, 2020, The case Transfer for examination and prosecution. Hefei Shushan District People's Procuratorate The court interrogated the criminal suspect according to law, listened to the opinions of the defense lawyer, and verified the relevant evidence 。 Both of them truthfully confessed the facts of the case and voluntarily confessed their guilt and punishment. During the examination and prosecution, the undertaker found that Liu Department Anhui S Legal representative and general manager of Logistics Co., Ltd, Lv system T brand Director of Home Appliances Co., Ltd., the company of two lost a large number of customers due to custody, and the enterprise stagnated 。 Comprehensive two Crime The circumstances and attitude of confession, People's Procuratorate of Shushan District The court held a public hearing on the review of the necessity of custody of the case. On the same day, after discussion at the joint meeting of prosecutors, all prosecutors agreed to change the compulsory measures 。 On March 20, it was decided to change the compulsory measure for the two persons to obtain a guarantor pending trial. after This case is prosecuted to Hefei Shushan District People's Court The case was heard in public on April 21, and the court made a judgment Liu 、 Lv Commit the crime of impairing public service, and adopt the recommendation of the procuratorial organ on sentencing, Two They were sentenced to eight months' imprisonment and one year's probation. Neither defendant appealed.

Typical significance

（1） Accurate supervision and strict law enforcement 。 Attacking a police officer is a serious harm to the national legal order, and criminal responsibility should be investigated strictly according to law. In the stage of review and arrest, the undertaker approves the arrest according to law ， It reflects the severe attack on the violent police assailants, which is conducive to educating the people to abide by the law and discipline, and establishing “ Fear the law and respect the law enforcers ” And a good legal environment.

（2） Comprehensive review and public hearing. In the stage of review and prosecution, we found that, Two criminals criminal suspect Department two The main person in charge of the company Two people were Detention causes Two companies The signed contract could not be fulfilled as scheduled, and the company lost a large number of customers. through Public hearings on the necessity of custody ， After fully reviewing the supporting materials, listening to the opinions of all parties, and taking into account the suspected criminal facts, subjective malignancy, repentance, case progress, possible punishment and whether there is any danger of re endangering society, the decision to change the coercive measures is made through comprehensive assessment, Embodied the important directive spirit of the procuratorial organ to implement General Secretary Xi Jinping's plan to comprehensively promote the prevention and control of COVID-19 and economic and social development, and gave full play to Procuratorial organ Functions to ensure the resumption of work and production of enterprises during epidemic prevention and control , maintain social stability 。

（3） After comprehensive consideration, probation is recommended. The two suspects have a good attitude of pleading guilty after being convicted, At the public hearing, the two said that "If it wasn't for drinking fragments, I wouldn't dare to beat the police even if I had ten courage. The empress dowager repented", During the four months of detention, he also realized his mistakes and achieved the goal of education and punishment. At the stage of review and prosecution, the two people actively pleaded guilty and admitted punishment, and voluntarily signed a written statement of confession and punishment. In order to ensure the normal production and operation of the enterprise and create favorable conditions for the resumption of work and production of the enterprise, considering the circumstances of the whole case, the procuratorial organ put forward a sentencing proposal for probation, which was adopted by the court. After Liu and Lv returned to society in time, Both enterprises have developed well. Liu % of the companies renewed their partially expired businesses in time and expanded new businesses ， Increase employment for the society by about 80. Lv The company actively develops new customers, including signing supply contracts with major customers in Beijing with the theme of epidemic condolences and assistance to farmers ， The stale and overstocked inventory has been basically digested, and relevant farmers in agricultural cooperatives sell agricultural and sideline products solve Employment, work and life also It is guaranteed.