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Throwing objects from high altitudes will constitute the crime of throwing objects from high altitudes, and shall be sentenced to up to one year imprisonment, short-term detention or controlled release, and/or a fine. This offence is constituted if the perpetrator throws objects from a building or other height in the aggravating circumstances.
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.
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1. May be suspected of endangering public safety; the crime of intentional injury; Intentional homicide. It depends on the circumstances of the case itself. If it is a case of intentional falling object that causes injury to another person, it falls under the category of intentional injury, which is generally not more than three years in prison.
Objects thrown from high altitudes can be complained to the public security department or property management department. In such a situation, you should first report to the property management company where the community is located as soon as possible.
2. Legal basis: Article 1254 of the Civil Code [Liability for Damage Caused by Unknown Throwing Objects and Falling Objects] It is forbidden to throw 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.
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Legal Analysis: The corresponding crimes include intentional homicide, intentional injury, and endangering public safety by dangerous means. If the perpetrator cannot be identified, compensation shall be paid by all the users of the building that may have caused the damage. It's a sellout.
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 taken, the sedan chair shall bear tort liability for failing to perform the obligation of safety and security matching. 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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High-altitude throwing objects are clearly stipulated in the law and will be convicted, but the specific crime will be convicted depends on what kind of consequences are caused, high-altitude throwing objects may be convicted of endangering public safety by dangerous methods, or they may be convicted of intentional injury or intentional homicide, so don't think that high-altitude throwing is a trivial matter, it is very likely to bring very serious consequences.
1. Several floors of high-altitude throwing objects.
The second floor and above are thrown downwards and are counted as high-altitude throws. From the perspective of the infringement of legal interests, the high-altitude throwing base may involve three different legal interests, namely, public safety, public order, and the institutional norms prohibiting high-altitude throwing objects. Among them, the legal interest of public safety is a higher standard of legal interest, and the crime of throwing objects from high altitudes is usually placed in the crime of endangering public safety in Chapter II of the Specific Provisions of the Criminal Law, which requires that the act of throwing objects from high altitudes must endanger public safety in order to constitute the crime of throwing objects from high altitudes.
2. What are the methods for high-altitude projectile properties?
In order to prevent and stop the occurrence of high-altitude projectiles, the measures that should be taken include actively promoting the prevention and punishment of high-altitude projectiles, and timely investigation of potential safety hazards. 1.Establish the basic concept of preventing and punishing high-altitude throwing and falling objects; 2.
Actively promote the inclusion of the prevention and punishment of high-altitude throwing and falling objects in the establishment of mechanisms for the management of litigation sources; 3.Give full play to the functional role of administrative adjudication in promoting administration according to law.
3. Does high-altitude throwing endanger public safety?
If the circumstances of throwing objects from a high altitude are serious, he is suspected of endangering public safety by instructing a sedan chair by dangerous means. China's "Criminal Law" stipulates that anyone who endangers public safety by arson, flooding, poisonous, radioactive, infectious disease pathogens or other substances or other dangerous methods, and has not caused serious consequences, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Article 1253 of the Civil Code of the People's Republic of China Where a building, structure or other facility, as well as its shelving or hanging objects, falls off or causes 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.
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Legal Analysis: Injuries caused by high-altitude objects to a certain level of harm constitute a crime.
Legal basis: Article 234 of the Criminal Law of the People's Republic of China: Whoever intentionally harms the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release. Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death.
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Legal analysis: For acts of throwing objects from high altitudes, the degree of social harm of the act shall be comprehensively considered based on factors such as the motive of the perpetrator, the place where the object was thrown, the circumstances of the throwing object, and the consequences caused, and the nature of the act shall be accurately judged, and the charges shall be correctly applied during the banquet, and the punishment shall be accurately determined. Intentionally throwing objects from a height, where serious consequences have not yet been caused, but are sufficient to endanger public safety, are to 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, and a sentence of between three and ten years imprisonment is to be given.
Legal basis: Article 291-2 of the Criminal Law of the People's Republic of China 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 the conduct in the preceding paragraph concurrently constitutes another crime of covering the mountain, follow the provisions for the heavier punishment at trial and sentencing.
High-altitude projectiles. The phenomenon was once called "the pain hanging over the city". In Shanghai's "bad habits ranking", it ranks second along with "littering". >>>More
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.
First of all, you can contact the property and the neighborhood committee of the street, so that the property can make the owners of the community consciously not throw objects in the air through announcements. If there are still people who violate it, they can determine which household threw the object through the monitoring of the community, and once the evidence is caught, it can be submitted to the neighborhood committee to criticize and educate him about littering. After all, every household wants to save face, and if you deal with it once you do it, you shouldn't dare to throw objects in the air next time.
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. >>>More
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. >>>More