Intentional throwing of objects from high altitude will be punished as the crime of endangering public safety by dangerous means, intentional injury or intentional assault.
Xinhua News Agency, Beijing, 14 Nov (Reporter Luosha) the reporter learned from the Supreme people's Court on 14 November that in order to effectively prevent and punish high-altitude throwing and falling objects in accordance with the law, The Supreme Law recently issued opinions on the proper trial of cases of throwing objects and falling objects in accordance with the law. According to this opinion, those who intentionally throw objects from a height shall be severely punished according to the specific circumstances in accordance with the crime of endangering public security by dangerous means, the crime of intentional injury or the crime of intentional assault.
The opinions stipulate that whoever intentionally abandons articles from a height has not yet caused serious consequences, but is sufficient to endanger public safety, he shall be convicted and punished for the crime of endangering public security by dangerous means in accordance with the provisions of Article 114 of the Criminal Law; Whoever causes serious injury or death or causes heavy losses to public or private property shall be punished in accordance with the provisions of paragraph 1 of Article 115 of the Criminal Law. Whoever commits the above-mentioned acts for the purpose of injuring or killing a specific person shall be convicted and punished in accordance with the crime of intentional injury or the crime of intentional assault.
The opinions clearly put forward that the crime of throwing objects from high altitude should be severely punished in accordance with the law. Those who are subject to any of the following circumstances shall be given a heavier punishment and shall generally not be subject to probation: those who have been implemented many times; those who have been dissuaded from continuing to carry out the punishment; those who have been subject to criminal or administrative punishment; and those who have been carried out in places with dense personnel; Other circumstances in which the circumstances are serious.
With regard to falling objects from a high altitude, the opinions stipulate that negligence causes articles to fall from a height, resulting in death or serious injury, which conforms to the provisions of articles 233 and 235 of the Criminal Law, Conviction and punishment in accordance with the crime of death caused by negligence and serious injury caused by negligence. If, in violation of the relevant safety management provisions, articles fall from a height in production or operation, resulting in a heavy casualty accident or other serious consequences, in accordance with the provisions of the first paragraph of Article 134 of the Criminal Law, he shall be convicted and punished for the crime of major responsibility accident.
The opinion also points out that in the civil trial work, the people's court should make comprehensive use of the rules of evidence in civil proceedings to find and determine the direct infringer and adjudicate him to bear tort liability in accordance with the law. If the property service enterprise fails to fulfill its legal or agreed obligations and causes damage to the building and its shelved or suspended property, it shall also be investigated for its tort liability; If a property service enterprise conceals, destroys, tampers with or refuses to provide corresponding evidence, resulting in difficulty in ascertaining the facts of the case, it shall bear the corresponding adverse consequences.
The person in charge of the research office of the Supreme people's Court said that the people's court will severely punish the perpetrators of throwing objects from high altitude in accordance with the law, fully protect the victims, try civil cases of throwing objects and falling objects in a fair and stable manner in accordance with the law, and give full play to the leading and normative role of judicial adjudication. In accordance with the law, we should clarify the responsibilities of property service enterprises, promote them to further strengthen their management and improve their work, and give better play to their due role.