Watch law enforcement, these 6 things do not do, may be detained

Author: 国瓴律师
Published on: 2018-10-09 00:00
Read: 15

Recently, many friends have said that they have been "poisoned" by short videos, not only to look at other people's videos, but also to shoot and share new things they encounter. Road police law enforcement directly took out a mobile phone to shoot short video law enforcement. Sharing happiness is legal, but Hillhouse also wants to advise small partners that they must ensure their own safety in the process of watching and filming, and cannot affect the normal law enforcement behavior of the police. The video taken should also be objective, and the video transmitted to the media or the Internet should bear legal responsibility.

Below we discuss the areas that police officers need to pay attention to when performing their duties.

1. Don't heckle when you hear "police beating someone.

On the Internet, short videos of the scene Shouting "police beat people" have become common. The party tried to arouse the attention of the onlookers by Shouting loudly and incite the emotions of the surrounding people. If you find yourself in one of these situations, be careful! Such parties are often accompanied by alcoholism, drug abuse or just experienced a fight on the spot, and their emotions are excited, excited, and furious. Alcohol, drugs, and excess adrenaline are at the root of most violent crimes. The more the crowd heckled them, the more they were on the verge of losing control. Moreover, they often act out of common sense and can do drastic things at any time. If they can't control themselves, they may hurt you who is watching!

2. Watch the law enforcement scene and do not get too close to the police

The closer to the scene, the more it means that the risk to their personal safety, but also likely to affect the police handling of the case, such as destroying the scene, leaking case investigation information, may be accidentally injured, hijacked and so on. Filming behavior that is too close to the face of law enforcement officers is already provocative and insulting, and may be considered an obstruction of law enforcement.

Article 277 of the Criminal Law: Whoever, by means of violence or threat, obstructs a functory of a State organ from performing his duties according to law shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or be fined; Whoever deliberately obstructs a State security organ or a public security organ from carrying out the tasks of State security according to law, without resorting to violence or threat, and thus causing serious consequences, shall be punished in accordance with the provisions of the first paragraph; Whoever violently attacks a people's policeman who is performing his duties according to law shall be given a heavier punishment in accordance with the provisions of the first paragraph.

Hillhouse reminder: The law enforcement party deliberately obstructing police law enforcement in the name of taking videos and photos applies to this article; The same article applies to the shooting of onlookers with the purpose of obstructing the police's law enforcement (breaking into the scene of the center, abusing and defaming the police while taking photos).

3. Do not damage, rush into the warning belt or trespass into the warning area

In order to maintain the public security order in a specific area, the police often set up warning belts and warning areas in their work. The act of forcibly breaking into the warning belt and warning area set by the public security organs affected the normal performance of the duties of the police and destroyed the order of the scene. According to Article 9 of the Measures for the Administration of the Use of Security Belts by Public Security Organs, those who destroy, rush into security belts or enter the security area without authorization can be forced to leave the scene after ineffective warning, and can be punished in accordance with the provisions of the Regulations of the People's Republic of China on Administrative Penalties for Public Security. If the case constitutes a crime, criminal responsibility shall be investigated according to law. Therefore, Guo Ling reminds everyone that as long as they see the public security organs set up warning belts or warning areas, they must not rush, otherwise they will violate the law and be punished.

4. Don't be a "curious baby" and don't ask what you shouldn't

Onlookers, be sure not to become a "curious baby", do not ask the police questions or interfere with the police who are enforcing the law. After all, human energy is limited, and the police are often in a tense state in the process of confronting the criminal suspect or correcting the illegal behavior. At this time, but also to deal with unrelated people's questions, will undoubtedly think that the other party is adding chaos, and even think that you are accomplices. If you have a problem with law enforcement activities, you should immediately call 110 to report and reflect (the whole process is recorded and recorded). You can film it on your phone and keep it as evidence. But do not interfere with police law enforcement.

5. Have a sense of boundaries and don't shoot what you shouldn't

Small partners should also pay attention to onlookers should have a sense of boundaries, can not affect the normal law enforcement behavior of the police. At the same time, according to the provisions of the "Secrecy Law", the specific facts of the criminal cases under investigation and pre-trial and the work of the investigation and pre-trial are state secrets, including the inquiry and interrogation records of the case, the scene investigation of the case, the scene photos, the visit and investigation. Therefore, do not photograph the sensitive scene of the case or invade the privacy of the parties.

It is illegal for police to divulge state secrets, and it is also illegal for other personnel to steal or divulge such content. The police at the scene will give you a warning and ask you to delete the photo on the spot, or even be detained. Random filming of law enforcement arrests could expose police operations. Filming law enforcement activities involving the arrest of drug traffickers, national security, etc., is likely to expose the identity of police officers and put them in danger.

Article 9 of the Secrecy Law: The following matters involving national security and interests, which may harm the security and interests of the State in the political, economic, national defense, foreign affairs and other fields after disclosure, shall be identified as state secrets:

(1) Secret matters in major decision-making on state affairs;

(2) secret matters in the activities of national defense and the armed forces;

(3) Secret matters in diplomatic and foreign affairs activities and secret matters under the obligation of confidentiality to the outside world;

(4) secret matters in national economic and social development;

(5) secrets in science and technology;

(6) Secret matters in activities to safeguard national security and in the investigation of criminal offences;

(7) Other secret matters determined by the State secrecy administrative department.

6. Do not clip the video at will, spreading rumors will be punished by law

Shooting police law enforcement video should strive to be objective, especially the video spread to the media or online, but also to bear legal responsibility. Many small videos are spread on the network, which can not play the purpose of restoring the truth, but create a public opinion atmosphere for the disseminators to achieve some illegal purposes. The nature of this behavior itself is very bad, because it is easy to damage the image of law enforcement agencies, cause social chaos, public panic.

There is a lack of coherence in the public perception of events. You can see the beginning, you can't see the end. It is often the case that after the facts are clarified, the social harm caused can not be remedied. One vivid example shows that spreading rumors is risky and should be published with caution.

Finally, Hillhouse summarizes the following shooting behavior will be detained, hope that small partners can take it as a warning:

1. Too close to the police face, with provocative shooting behavior.

2. Those who repeatedly ask the police questions or deliberately make trouble and abuse in the name of supervision during the shooting process to avoid punishment.

3. The shooting behavior affected the normal performance of the police and ambulance personnel and refused to correct after being warned.

4. Shooting violent terrorism, anti-theft, anti-drug, murder and other scenes involving investigation secrets without permission.

5. Deliberately distorting facts and spreading them maliciously after shooting.

6. Filming infringes on the privacy of the parties and witnesses.

Share
  • 021-33883626
  • gl@guolinglaw.com
  • 返回顶部