Is there a clear provision in the law for high altitude projectiles, will they be convicted, and wha

High-altitude throwing objects are clearly stipulated in the law and will be convicted, but the specific crime will depend on what kind of consequences are caused, and high-altitude throwing objects may be convicted of endangering public safety by dangerous means, or they may be convicted of intentional injury or intentional homideTherefore, don't think that throwing objects in the air is a trivial matter, it is very likely to bring very serious consequences, and this consequence may not be able to bear it, in short, we must remember not to throw objects in the air, because this may not only hurt others, but also hurt yourself, and even will make the two families become fragmented.

Since 2019, there have been clear provisions on the matter of high-altitude throwing objects, based on the "Opinions on the Proper Trial of Cases of High-altitude Throwing and Falling Objects in accordance with the Law", which clearly states that if the high-altitude throwing object is intentionally thrown from a high altitude, it needs to be convicted, and if the high-altitude throwing object does not cause harm to others, it may be convicted of the crime of endangering public safety by dangerous meansBut if someone is injured, they may be convicted of intentional injury, and if they cause the death of another person, they may be convicted of intentional homicide, and you cannot predict what the consequences will be when you drop the object, so don't do such a thing.

In fact, at the beginning, there were no clear regulations on high-altitude throwing objects, but later the phenomenon of high-altitude throwing objects was too serious, and there were more and more accidents caused by high-altitude throwing objectsThis is really a very bad behavior, not only polluting the environment, but also endangering the health of others, and it is precisely because there will be clear regulations from 2019.

I've often seen people throw garbage out of the air, and the reason why people do it is because there are no constraints, but now that there are clear rules, people will naturally restrain their behaviorAlthough not everyone will do such a thing, there will always be some people who will be the exception and can only rely on the law to restrain their behavior.

There are already clear rules for throwing objects from high altitudes, and they will be criminalized. The criterion for conviction is to be determined by the harm caused. It may involve endangering public safety, intentional homicide, intentional injury, and so on.

Now there are no clear provisions in the law on high-altitude throwing objects, if there are really clear provisions, it will be convicted, I believe that the incident of high-altitude throwing will be reduced a lot, after all, the punishment is stronger.

If there are clear regulations, you should be convicted, and you will be convicted of intentional injury, because throwing objects from high altitudes is likely to hurt people.

According to Article 291-2 of the Criminal Law of the People's Republic of China, the crime of throwing objects from high altitudes is: throwing objects from buildings or other high altitudes, and the circumstances are serious, the sentence is not more than one year imprisonment, short-term detention or controlled release, and/or a fine; Where conduct in the preceding paragraph simultaneously constitutes another crime, follow the provisions for the heavier punishment at trial and sentencing.

To constitute this offence, an object must be thrown from a building or other height and must be "aggravated". The crime of "throwing objects from a height" is carried out as "throwing", that is, "throwing" or "discarding". An object must be thrown from a building or other height in order to constitute the crime of "throwing from a height".

From an architectural point of view, a building usually refers to a house or place for people to carry out production, life or other activities. These houses or sites may have either flat or high-rise spaces.

There is a clear distinction between the crime of falling objects from a height and the crime of endangering public safety by dangerous means. If a high-altitude object is intentionally thrown down with the knowledge or should know that someone downstairs is dressed as a sock, it is guilty of "endangering public safety by dangerous means" or even "intentional injury". "If there is an intentional act against a specific person, it constitutes the crime of 'intentional injury' or 'intentional homicide'; However, if it is only due to carelessness, negligence, or negligence that causes something to fall, it is a 'high-altitude throwing crime'.

1. Can high-altitude throwing objects be punished?

Throwing objects from high altitudes can be punished. According to the provisions of China's Criminal Law, the crime of throwing objects from a height generally refers to the act of throwing objects from a building or other high altitude, and the circumstances are serious. Those who commit the crime of throwing objects from a height will generally be sentenced to up to one year imprisonment, short-term detention or controlled release by the people's court, and shall also be fined.

Where the above conduct is committed, and other crimes are constituted at the same time, it is necessary to follow the provisions of the heavier punishment to carry out the punishment of the crime of good deeds.

The sentencing standard for the crime of throwing objects from high altitudes is up to one year imprisonment, short-term detention or controlled release, and/or a fine.

Criminal Law of the People's Republic of China

Article 291-2 [Crime of Throwing Objects from a High Altitude] Anyone who throws objects from a building or other high altitude, where the circumstances are serious, is to be sentenced to up to one year imprisonment, short-term detention or controlled release, and/or a fine.

1. Can voluntarily surrender be punished lightly if the crime of throwing objects from a height is constituted?

If the crime of throwing objects from a height is constituted, voluntary surrender may be given a lighter punishment.

Criminal Law of the People's Republic of China

Article 67: [Voluntary Surrender] Those who voluntarily surrender after committing a crime and truthfully confess their own crimes are voluntarily surrendered. Criminals who surrender themselves may be given a lighter or commuted punishment. Of these, where the crime is relatively minor, punishment may be waived.

Where criminal suspects, defendants, or convicts currently serving a sentence who have been subjected to compulsory measures truthfully confess other crimes of their own that are not yet known to the judicial organs, they are to be considered to have voluntarily surrendered.

Where criminal suspects do not have the voluntary surrender provided for in the preceding two paragraphs, but truthfully confess their own crimes, they may be given a lighter punishment; Where they truthfully confess their own crimes to avoid especially serious consequences, punishment may be commuted.

II. What is the sentencing basis for the crime of throwing objects from a height?

Criminal Law of the People's Republic of China

Article 61: [General Principles of Sentencing]When deciding on punishment for criminals, they shall be sentenced in accordance with the relevant provisions of this Law on the basis of the facts of the crime, the nature and circumstances of the crime, and the degree of harm to society.

Article 62: [Aggravated Punishment and Mitigating Punishment]Where criminals have the circumstances provided for in this Law for heavier punishment or mitigating punishment, they shall be given a criminal punishment within the legally-prescribed limits.

Article 63.

Commutation of Punishment] Where the crime of being a filial son has the mitigating circumstances provided for in this Law, a criminal punishment below the legally-prescribed penalty shall be given; Where this law provides for several sentencing ranges, a sentence shall be given within the next sentencing range of the legally-prescribed sentencing range.

Although criminals do not have the mitigating circumstances provided for in this Law, they may also be sentenced to a punishment below the legally-prescribed penalty upon approval by the Supreme People's Court on the basis of the special circumstances of closed cases.

Whether or not a high-altitude object is a crime depends on the actual situation. For acts of throwing objects from high altitudes, factors such as the perpetrator's motive, the place where the object was thrown, the circumstances of the throwing object, and the consequences caused, shall be comprehensively considered to the degree of social harm of the conduct, the nature of the conduct shall be accurately judged, the charges shall be correctly applied, and the punishment shall be accurately determined. Where items are intentionally thrown from a height, and no serious consequences have been caused, but are sufficient to endanger public safety, they are to be convicted and punished in accordance with the Criminal Law of the People's Republic of China for the crime of endangering public safety by dangerous means, and a sentence of between three and ten years imprisonment is to be given.

Criminal Law of the People's Republic of China

Article 291bis.

Crime of throwing objects from high altitudes] Throwing objects from buildings or other high altitudes, where the circumstances are serious, is to be sentenced to up to one year imprisonment, short-term detention or controlled release, and/or a fine. Article 291-1.

Crime of Disseminating False Dangerous Substances] [Crime of Fabricating or Intentionally Disseminating False Terrorist Information] Whoever dissemins false, poisonous, radioactive, infectious disease pathogens, or other such substances, or fabricates terrorist information such as ** threats, biochemical threats, or radiological threats, or knowingly disseminates terrorist information that is fabricated, seriously disrupting social order, is to be sentenced to up to five years imprisonment, short-term detention, or controlled release; where serious consequences are caused, a sentence of five or more years imprisonment is to be given.

Crime of fabricating or intentionally disseminating false information] Whoever fabricates false information about dangers, epidemics, disasters, or police information, and disseminates it on information networks or other ** information, or knowingly spreads the false information described above, intentionally spreads it on information networks or other **, seriously disrupting social order, is to be sentenced to up to three years imprisonment, short-term detention, or controlled release; where serious consequences are caused, a sentence of between three and seven years imprisonment is to be given.