Is it a crime to throw objects from a height?

Depending on the specific situation, Amendment 11 of the Criminal Law stipulates the crime of throwing objects from high altitudes, so the act of throwing objects from high altitudes may be suspected of crimes, thank you.

If an object is intentionally thrown from a height, and it has not yet caused serious consequences, but is sufficient to endanger public safety, it constitutes the crime of endangering public safety by dangerous means.

If an object thrown from a high altitude causes serious injury or death to a person or causes major damage to public or private property, it constitutes the crime of causing serious injury or death by negligence.

Legal analysis: In addition to the corresponding civil liability, the person who throws objects from high altitudes shall also bear the corresponding criminal liability if it constitutes a crime. The perpetrators of high-altitude throwing cases are likely to commit crimes such as endangering public safety by dangerous means, intentional injury, and intentional homicide.

According to the "Opinions on the Proper Trial of Cases of Objects Thrown from High Altitude and Falling Objects in Accordance with Law" issued by the Supreme People's Court, it is also clearly stipulated that if an object is intentionally thrown from a high altitude, which has not yet caused serious consequences, but is sufficient to endanger public safety, it shall be convicted and punished in accordance with the crime of endangering public safety by dangerous means as provided for in Article 114 of the Criminal Law; 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.

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.

In certain circumstances, it can constitute a crime.

1) Where items are intentionally thrown from a height, and no serious consequences have been caused, but are sufficient to endanger public safety, follow the crime of endangering public safety by dangerous means as provided for in article 114 of the Criminal Law;

2) Where objects thrown from high altitudes cause serious injury or death, or cause major losses to public or private property, punishment is to be given in accordance with the provisions of paragraph 1 of Criminal Law article 115 for the crime of causing serious injury or death by negligence;

3) Throwing objects from a high altitude for the purpose of injuring or killing specific persons is to be convicted and punished in accordance with the crimes of intentional injury or intentional homicide.

1. The difference between high-altitude falling objects and high-altitude throwing objects.

1) The falling object is not conscious of people, and no one knows or cannot control it when it falls. It is often old building attachments, etc. The throwing object is deliberately done by the perpetrator and is controlled, or it can prevent the occurrence of dangerous results.

The significance of the distinction between throwing and falling objects is the severity of the liability when considering liability.

2) In the case of falling objects, the relevant party who cannot prove that he has not committed the infringement is liable for compensation. In the case of throwing objects, the relevant party who cannot prove that he has not committed the infringement bears the liability for compensation. As a result, there is a wide variation in the magnitude and amount of liability.

3) The key to the difference between "high-altitude throwing objects" and "high-altitude falling objects" lies in whether the object that caused damage to people occurred under the direct action of manpower.

If human action is the root cause of the damage, then the liability arising therefrom should of course belong to the act of act, and to the high-altitude projectile; If the damage is caused by the object without the direct action of human beings, usually due to the negligence of the owner or occupier of the object, the liability of the object is a falling object.

Falling objects from high altitudes are particularly important for a community, because the harm of falling objects is particularly great, if the circumstances are serious, it may also cause death, if a falling object occurs, the victim must first determine whose responsibility is, and then, and then to coordinate the compensation of the matter, if the negotiation can not be reached, then it can be solved by law.

2. How to punish falling objects and throwing objects from high altitudes?

Falling objects from high altitudes emphasize a falling word, which is not artificial, such as clothes poles and flower pots falling down and hitting people; And high-altitude throwing emphasizes a throwing word, which is artificial, such as walking with an ashtray falling from the sky. The former is the presumption of fault liability, which can be exempted if it can be proved that it is not at fault; In addition to proving that the latter is not the infringer, the person who may have caused the harm shall give compensation.

Where throwing objects from a height can constitute a crime, and throwing objects from a building or other height is serious, a sentence of up to one year imprisonment, short-term detention or controlled release is to be given, and/or a fine. where other crimes are constituted at the same time, follow the heavier provisions for conviction and punishment.

Legal basis] Article 291-2 of the Criminal Law.

Where objects are thrown from buildings or other heights, and the circumstances are serious, a sentence of up to one year imprisonment, short-term detention or controlled release is to be given, 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.

Article 14. Intentional crimes are committed when one clearly knows that one's conduct will have a result that is harmful to society, and hopes or allows such a result to occur, thus constituting a crime.

Those who commit intentional crimes shall bear criminal responsibility.

The act of throwing objects from a height shall be convicted of endangering public safety by dangerous means, and shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.

As long as the perpetrator intentionally carries out the act of throwing objects from a high altitude and there is a specific danger to public safety, even if he has not caused harm to others, he will constitute the crime of endangering public safety by dangerous means, and shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. If the act of throwing objects from a high altitude causes serious injury or death to others or serious damage to public or private property, it is an aggravated offense and will be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.

Criminal Law of the People's Republic of China

Article 114.

Whoever commits arson, breaches water, or releases poisonous, radioactive, infectious disease pathogens, or endangers public safety by other dangerous means, and has not yet caused serious consequences, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. Article 115.

Whoever causes serious injury or death to a person or causes major losses to public or private property by other dangerous means, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death, or death by dangerous means.

Crime of fire] [Crime of negligent flooding] [Crime of negligence] [Crime of negligent release of dangerous substances] [Crime of negligent endangerment of public safety by dangerous means] Whoever negligently commits the crime in the preceding paragraph shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; where the circumstances are more minor, a sentence of up to three years imprisonment or short-term detention is to be given.