How to punish high altitude throwing objects, and the punishment of high altitude throwing objects

The penalties for throwing objects from high altitudes are as follows:

1. If the high-altitude object does not injure anyone, it can be punished in accordance with the law on violations of the law on public security administration punishments, and a warning or a fine of less than 200 yuan may be imposed;

2. where the circumstances are serious, they are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB.

Our law prohibits throwing objects from buildings. Throwing objects from high altitudes is an illegal act, and if the circumstances are serious, criminal responsibility shall be pursued in accordance with law. The crime of throwing objects from a height refers to the statutory responsibility of throwing objects from buildings or other heights, where the circumstances are serious, and bear up to one year imprisonment, short-term detention or controlled release, and/or a fine.

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 there is someone downstairs, 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'.

Legal basis] Criminal Law of the People's Republic of China

Article 291:Anyone who throws 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.

Law of the People's Republic of China on Public Security Administration Punishments

Article 24: Where any of the following conduct is exhibited, disrupting the order of large-scale mass activities such as culture and sports, a warning or a fine of up to 200 RMB is to be given; where the circumstances are serious, they are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB

1) Forcibly entering the venue;

2) Violating regulations by setting off fireworks or other items in the venue;

3) Displaying insulting slogans, banners, or other items;

4) Besieging referees, athletes, or other staff;

5) Throwing sundries into the venue and refusing to stop them;

6) Other conduct that disrupts the order of large-scale mass activities.

Where they are given a punishment of detention for disrupting the order of sports competitions, they may be ordered to not enter the stadium for 12 months** for similar competitions; Those who enter the stadium in violation of regulations are to be forcibly taken away from the scene.

Objects thrown from high altitudes are to be punished according to the circumstances, and those with less serious circumstances are to be punished in accordance with the administration of public security, and if the circumstances are serious, they are suspected of constituting the crimes of intentional homide, intentional injury, and endangering public safety by dangerous means. Throwing objects from high altitudes is an act that endangers social and public safety. In the absence of serious consequences, the police may impose public security penalties on the parties, and if a serious crime is constituted, they must bear corresponding criminal responsibility.

Article 1253 of the Civil Code of the People's Republic of China: Where a building, structure or other facility and its shelving or hanging object falls off or falls, causing damage to others, and the owner, manager or user cannot prove that he or she is not at fault, he shall bear tort liability. After the owner, manager or user makes compensation, if there are other responsible persons, they have the right to recover from the other responsible persons.

Legal Analysis: Depending on the circumstances, those with less serious circumstances are to be punished in accordance with the administration of public security, and those with serious circumstances are suspected of constituting the crimes of intentional homicide, intentional injury, and endangering public safety by dangerous means.

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 the hands of 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.

How to determine the harm of high-altitude projectiles, if the specific infringer can be identified, it may violate the criminal law and constitute the crime of intentional injury. Where it is difficult to identify the specific infringer, the possible infringer shall compensate unless it can be proved that it is not the infringer. Article 87 of the Tort Liability Law of the People's Republic of China provides that if it is difficult for the specific infringer to determine the liability for damage caused to others by throwing falling objects, objects thrown from buildings, or objects falling from buildings, the building user who may have caused the damage shall compensate unless he can prove that he is not the infringer.

The Supreme People's Court's Opinions on the Proper Handling of Cases of Objects Thrown from Heights in Accordance with Law, (1) For acts of throwing objects from high altitudes, the degree of social harm of the conduct should be comprehensively considered, the nature of the conduct should be accurately judged, the charges should be correctly applied, and punishment should be accurately determined on the basis of the perpetrator's motive, the location of the object, the object being thrown, and the consequences, and (2) where an object is intentionally thrown from a height that has not yet caused serious consequences, but is sufficient to endanger public safety, it is to be convicted and punished in accordance with article 114 of the Criminal Law for the crime of endangering public safety by dangerous means, causing serious injurywhere there is death or major losses of public or private property, punishment is to be given in accordance with the provisions of the first paragraph of Criminal Law article 115, and where the conduct described above is carried out with the purpose of injuring or killing a specific person, it is to be convicted and punished as the crime of intentional injury or intentional homicide.

3) Severely punish the crime of throwing objects from heights in accordance with law, and in any of the following circumstances, give a heavier punishment, and generally do not apply a suspended sentence, (1) it is carried out multiple times, (2) it continues to be enforced after being dissuaded, (3) it has already been carried out after receiving a criminal punishment or administrative punishment, (4) it is carried out in a crowded place, (5) it is carried out in other serious circumstances, (4) it is accurately determined that the crime of falling objects from a height is an item that falls from a height due to negligence, causing death or serious injury.

Throwing objects from high altitudes is a highly dangerous behavior, seriously endangering public safety, infringing on the legitimate rights and interests of the people, affecting social harmony and stability, and has serious social harm, and where the circumstances are serious, criminal responsibility is pursued for the crime of throwing objects from high altitudes.

I feel that I should be criminally punished because throwing objects from high altitudes is very dangerous and can cause fatal injuries to others.

At present, there are no clear provisions on high-altitude objects, and they should generally be determined in conjunction with specific cases, but as long as the objects are thrown from a certain height, causing physical damage to the person or property of others, or there is a possibility of endangering the person or property of others, the crime of throwing objects from high altitudes is constituted. Then, to constitute the crime of throwing objects from high altitudes at the same time, it is also required to reach the degree of seriousness of the circumstances.

For those who throw objects from high altitudes, they should be punished severely, because throwing objects from high altitudes may lead to the death of the people below, and those who should be allowed to throw objects from high altitudes should be in a closed state at home, so that he cannot absorb fresh air from the outside world, so that he knows how important it is to have a good environment, and he can realize the seriousness.

If the circumstances are serious and need to be punished, depending on the seriousness of the matter, if there are no consequences, a warning will be given.

It is generally an administrative penalty, and if it is of a heinous nature, it is very likely to bear criminal responsibility.

It depends on the specific situation of high-altitude throwing objects, but in any case, high-altitude throwing objects is a very dangerous behavior and will be severely punished by the law.