袭警罪的司法认定及量刑的实务分析——以87份裁判文书为样本

Analyze Practices of Judicially Verifying and Convicting the Police-Assaulted Crime——Taking 87 Rulings Documents as Samples

袭警罪虽然脱胎于妨害公务罪,但在适用方面有独特之处,袭警罪犯罪对象的认定应以职务论为基础,淡化身份论。同时,袭警罪基准刑的暴力程度高于妨害公务罪,“严重危及其人身安全”指的是一种具体危险,需要结合具体案件进行分析。实践中,需要注意区分袭警罪与妨害公务罪、故意伤害罪。在量刑时需坚持宽严相济的刑事政策,该严则严,当宽则宽。

Although the police-assaulted crime originated from the crime of obstructing the performance of duties,it has its own uniqueness in application.The verification of the object of the police-assaulted crime should be based on the occupation and weaken his or her identity.Meanwhile,considering the extent of violence in assaulting police the penalty is more severe than that of the crime of obstructing the performance of duties.."Seriously endangering the personal safety" refers to a specific danger,which needs to be analyzed according to specific cases.In practice,we should pay attention to distinguishing between the police-assaulted crime,the crime of obstructing the performance of duties,and the crime of intentional injury.In convicting the crime,we should adhere to the criminal policy of tempering justice with mercy.If the penalty needs to be strict,the penalty should be strict,and if it needs to be lenient,it should be lenient.