- I threw a chair at a desk of Nakano-ward office. I am investigated for obstruction of performance of public duty by Nakano Police Station of the Metropolitan Police Department…
- I was questioned by the police of Shinjuku Police Station, but I shoved the police away to run away. I was arrested on the spot on suspicion of obstruction of performance of public duty…
- I punched a parking attendant in the face, and got arrested and detained for obstruction of performance of public duty. I want to be released soon…
1. Case of Obstruction of Performance of Public Duty
Obstruction of performance of public duty is a crime of committing an act of assault or intimidation against a public officer in the performance of public duty.
Obstruction of performance of public duty is not to protect the public officer concerned but also to protect a public duty itself to be performed by the public officer.
Therefore, it is considered that the performance of public duty by a public officer should be legal although it is not stated clearly in the letter of article 95(1) of the Penal Code (popular theory, legal precedent)
“Performance of public duty” does not limit to the performance of public duty of a public officer’s authoritative and compulsory nature. Because the interest protected by law is the public duty itself, “performance of public duty” indicates that a public officer performs public duty in general.
The term “assault” or “intimidation” in obstruction of performance of public duty is interpreted wider than “assault” in the crime of assault or “intimidation” in the crime of intimidation.
That is, “assault” needs to be the exercise of tangible force against a person, but not necessarily directly against a person, tangible force against an object also can be “assault” if it has physically strong influence on a person’s body.
For example, beating against the window of a police car that a police officer is sitting in and throwing a thing against the police car can fall within “assault” in the term of obstruction of performance of public duty.
“Intimidation” indicates all the announcement of harm or injury enough to put another in fear.
2. Criminal Punishment of Obstruction of Performance of Public Duty
The statutory penalty of obstruction of performance of public duty is imprisonment with or without work for not more than 3 years or a fine of not more than 500,000 yen.
Sentence to pay a fine was added due to the 2006 amendment of the Penal Code.
Thus, where the suspect admits his/her guilt in a case of obstruction of performance of public duty, the sentence to pay a fine can be imposed through summary procedure.
▼Summary of Obstruction of Performance of Public Duty
| Act that may constitute a crime | Punishment / Statutory Penalty |
| Obstruction of performance of public duty (Article 95 (1) of the Penal Code) | Imprisonment with or without work for not more than 3 years or a fine of not more than 500,000 yen. |
~Defense Activities in Case of Obstruction of Performance of Public Duty~
1. Argue that performance of public duty is illegal.
In a case of obstruction of performance of public duty, the duty of a public officer should be legal.
Therefore, where the performance of duty itself is suspected of being illegal, a lawyer will examine it thoroughly and aim at getting acquittal or decision not to prosecute.
Once get a decision not to prosecute, the case can be resolved early, and the suspect will not have a criminal record.
2. Release in case of obstruction of performance of public duty
When got arrested and detained in case of obstruction of performance of public duty, physical restraint will continue for determination of prosecution or non-prosecution for a maximum of 23 days. Long-term physical restraint makes the suspect miss school or work, which may impede social rehabilitation.
If you or your family got arrested and detained for obstruction of performance of public duty, we recommend consulting with lawyers.
Lawyers who are good at dealing with a case of obstruction of performance of public duty aim at early release by working on to discourage a public prosecutor to request for detention or a judge to decide to detain, or making an appeal against the decision to detain.
You can receive the best advice from lawyers having rich experience in case of obstruction of performance of public duty at AICHI Criminal Cases Law Firm. Lawyers who have expertise in criminal and juvenile cases personally provide with “the free consultation”. Where the suspect got arrested, we also provide for “the first interview service” that our lawyers go to a detention cell where the suspect is detained to have an interview, at the shortest on the day.
