How to investigate and collect evidence from high altitude projectiles

Evidence collection of falling objects from high altitudes is to obtain peripheral surveillance** or witness testimony to confirm the infringer. Through these effective methods of evidence collection, it is best to identify the direct infringer. If the infringer cannot be identified, the infringed party can list all the residents of the falling object as the infringer, and then the defendant can provide evidence to prove that he is not the infringer.

Legal basis: Article 1254 of the Civil Code of the People's Republic of China prohibits throwing objects from buildings. Where an object thrown from a building or falling from a building causes damage to others, the infringer shall bear tort liability in accordance with law; Where it is difficult to determine the specific infringer after investigation, the user of the building who may have caused the harm shall make compensation, unless it can be proved that he is not the infringer.

The user of the building that may cause damage has the right to recover compensation from the infringer after compensation.

If there is no way to confirm the infringer through a series of investigation methods, it doesn't matter, the principle of no fault applies to high-altitude projectiles, and if it is difficult to determine the specific infringer after investigation, the user of the building who may have caused the harm shall be compensated unless it can be proved that he is not the infringer.

Property management enterprises and other building managers shall take necessary safety and security measures to prevent the occurrence of high-altitude throwing objects; Where necessary security measures are not employed, tort liability for failure to perform security obligations shall be borne in accordance with law.

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 have not yet caused serious consequences, but are sufficient to endanger public safety, follow the criminal law article 114 for the crime of endangering public safety by dangerous means; Where serious injury or death is caused, or major losses are caused to public or private property, punishment is to be given in accordance with the provisions of paragraph 1 of Criminal Law article 115. Where the conduct described above is carried out for the purpose of injuring or killing specific persons, it is to be convicted and punished in accordance with the crimes of intentional injury or intentional homicide.

In any of the following circumstances, a heavier punishment shall be given, and a suspended sentence must not be applied

1) Implemented multiple times;

2) Continued implementation after being dissuaded;

3) Having received a criminal punishment or administrative punishment and then committing it;

4) Implemented in crowded places;

5) Other situations where the circumstances are serious.

Where negligence causes items to fall from a height, causing death or serious injury, and the provisions of Criminal Law articles 233 and 235 are met, it is to be convicted and punished in accordance with the crimes of negligence causing death or negligence causing serious injury. Whoever violates the relevant safety management regulations in production or operation, falls objects from a height, and a major accident occurs or causes other serious consequences, it is to be convicted and punished as the crime of major liability accident in accordance with the provisions of the first paragraph of Criminal Law article 134.

Legal basis] Article 1254 of the Civil Code, which prohibits throwing objects from buildings. Where objects thrown from a building or objects falling from a building cause damage to others, the infringer shall bear tort liability in accordance with law; Where it is difficult to determine the specific infringer after investigation, the user of the building who may have caused the harm shall compensate unless it can be proved that he is not the infringer. The user of the building who may have caused the harm has the right to recover compensation from the infringer after compensation.

Property management enterprises and other building managers shall take necessary security measures to prevent the occurrence of the circumstances provided for in the preceding paragraph; Where necessary security measures are not employed, tort liability for failure to perform security obligations shall be borne in accordance with law.

Where the circumstances provided for in the first paragraph of this article occur, the public security and other organs shall promptly investigate in accordance with law and find out who is responsible.

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Summary. Hello, the methods of high-altitude projectile investigation and evidence collection are as follows:1Eyewitness 2Surveillance cameras.

Hello, the methods of high-altitude projectile investigation and evidence collection are as follows:1Eyewitness 2Surveillance cameras.

According to article 50 of the Criminal Procedure Law of the People's Republic of China, all materials that can be used to prove the facts of a case are evidence. The evidence of Zhishu Xiang includes:

1) Physical evidence; (2) documentary evidence; (3) Witnesses testify in a manner that is only spoken; (4) The victim's statement; (5) Confessions and justifications of suspects or defendants who committed the crime of fighting; (6) Appraisal opinions; (7) Records of inquests, inspections, identifications, investigative experiments, and so forth; (8) Audio-visual materials and electronic data. Evidence must be verified to be true before it can be used as the basis for a verdict.

Broadly speaking, it is still difficult to investigate and collect evidence from high-altitude throwing objects, and it is usually mainly eyewitnesses who are disfigured.

The evidence collection of falling objects from high altitudes is to obtain surrounding surveillance video or witness testimony to confirm the infringer.

If the infringer cannot be confirmed, the infringed party can list all the high-rise residents of the falling object as the infringer, and then the defendant will present evidence to prove that he is not the infringer.

Legal basis] Article 1254 of the Civil Code, which prohibits throwing objects from buildings.

Where objects thrown from a building or objects falling from a building cause damage to others, the infringer shall bear tort liability in accordance with law;

Where it is difficult to determine the specific infringer after investigation, the user of the building who may have caused the harm shall compensate unless it can be proved that he is not the infringer.

The user of the building who may have caused the harm has the right to recover compensation from the infringer after compensation.

Property management enterprises and other building managers shall take necessary security measures to prevent the occurrence of the circumstances provided for in the preceding paragraph;

Where necessary security measures are not employed, tort liability for failure to perform security obligations shall be borne in accordance with law.