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More than two meters is considered regardless of the weight.
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This does not allow anyone to throw objects from a high altitude, and if you insist on throwing objects from high altitudes, then you will soon receive severe punishment from the law.
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Legal basis: Article 1254 of the Civil Code of the People's Republic of China 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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Legal analysis: There is no legal provision for the crime of throwing objects from high altitudes above several floors, as long as it is a building or a high-altitude throwing object, it can be convicted.
Legal basis: Criminal Law of the People's Republic of China: Article 291 Throwing objects from buildings or other heights, 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. Where conduct in the preceding paragraph simultaneously constitutes another crime, follow the provisions for the heavier punishment at trial and sentencing.
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At present, there is no regulation on how many meters are considered high-altitude projectiles.
According to the Tort Liability Law of the People's Republic of China.
Article 87 stipulates that if an object thrown from a building or a falling object causes injury to another person, and it is difficult to determine the specific infringer, the building user who may have caused the harm shall compensate the building user who may have caused the damage, unless it can be proved that he is not the infringer.
In addition, in the case of joint infringement, that is, where there are two or more perpetrators, the perpetrator shall bear joint and several liability for joint infringement in addition to the tort liability for damage caused by a high-altitude thrown (falling) object.
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As long as you are in the air, no matter how many meters, no matter how many meters the object falls on, it can be called a high-altitude projectile, such as throwing an object at a height of 10 meters, and the object falling at a place at a height of 10 meters can be characterized as a high-altitude projectile. But this is not sinful, but it is sinful to throw something that may endanger the safety of others. For example, when stir-frying, throwing vegetables in a pot produces a large amount of oil smoke (harmful gas), which causes harm to the surrounding people upstairs and downstairs.
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This is where the law is incomplete, incomplete and indetailed. Give a crack to those who deliberately break the law.
Lawmakers should put people's livelihood first and formulate enforceable legal provisions.
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Throwing things upstairs and downstairs is called throwing objects from above.
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Under normal circumstances, if the distance is less than two meters, it is definitely not a high-altitude projectile. Up to two meters, it does not always constitute a high-altitude projectile. In judicial practice, it is generally the case that throwing things outside the house with more than three floors may constitute the crime of throwing objects from high altitudes (Note, whether it is a serious circumstance, generally depends on the height, the higher the height, the more likely it is to constitute the crime of throwing objects from high altitudes, as well as what kind of items are thrown, and how many times they are thrown, etc.; In addition, if it hits people or damages property, it may also be a serious circumstance).
Attached: In the crime of throwing objects from high altitudes, how to grasp the standard of "high altitude"?
Answer: The "building or other high-altitude object" provided for in Article 291-2 of the Criminal Law requires a comprehensive judgment based on the actual situation.
On the one hand, "buildings or other high altitudes" need to meet a certain height. The national standard GB T 3608-93 "Classification of Work at Height" stipulates that all operations carried out at high places where there is a possibility of falling more than 2 meters (including 2 meters) from the datum of the falling height are called high-altitude operations. Therefore, it is generally not appropriate to establish a high-altitude altitude if it is less than 2 meters.
In addition, "high altitude" refers to "the space above the ground". The crime of throwing objects from high altitudes may be carried out in the vicinity of low-rise or multi-storey buildings, steep slopes and pedestrian bridges that form high-rise drops due to topography and other reasons, so "high-altitude" should be understood as the difference in the position of objects falling from a high place to a low place.
On the other hand, in determining the constituent elements of the crime of "buildings or other high-altitude objects", the substantive infringement of legal interests should be adhered to. In practice, a comprehensive judgment should be made based on factors such as the place and height of the object being thrown, the size, shape, quality, and degree of hardness of the object being thrown, and the actual harm or degree of danger caused. Even if the thrown object itself is not more lethal, it may cause people to ** under the action of gravity, such as screws, eggs, etc.
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How many meters are not specified.
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In general, in the case of pretending to be buried, the second floor and above are thrown downwards, which are all high-altitude throwing behaviors; Of course, if there is only one floor, the building on that floor is exceptionally high, and the act of throwing objects downward from a height is also a high-altitude throwing object. Therefore, it cannot be clearly said that the high-altitude projectile above the beam building is a high-altitude projectile, and it should be determined that the wide transport throws the object from a high place downward, that is, it belongs to the high-altitude throwing behavior.
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