Does throwing objects at high altitude constitute a crime?

Parabolic objects in the sky are called "the pain hanging over the city".

The crime of throwing objects at high altitude is a new crime in the 11th Amendment of Criminal Law. 202 1 March1implementation.

We have all heard or seen relevant news to some extent. Parabolic residential areas caused injuries to pedestrians downstairs, as well as our own personal experience of unscrupulous residents throwing things out of the window. If the person directly responsible can't be found, the court finally awarded compensation to all the owners of the parabolic building at high altitude.

There was a person directly responsible, and finally the court ruled that the parabolic person constituted the crime of throwing objects at high altitude. Regarding the seriousness of the circumstances, subjective malignancy (whether it has been subjected to criminal or administrative punishment for many times before), degree of danger and harmful consequences are mainly considered.

Then, under what circumstances will parabolic behavior at high altitude endanger public safety? If there is no harm to public safety, what kind of punishment should it be?

The first is the motive of parabola. The crime of throwing objects at high altitude is a behavioral crime, and the act of throwing objects is subjective and intentional. Usually on purpose. If it is parabolic for many times, or if it has been punished for previous parabolic behavior, then this motive is also very obvious;

Second, we should consider the time and place of parabola. If you throw it when there is a large flow of commuters, or throw it in public places, such as squares, roads and kindergartens, it will cause greater harm;

Third, we should consider the harm degree of parabolic objects. For example, causing minor injuries to others, or serious injuries, deaths or other serious consequences, or causing heavy losses to others' property. According to the circumstances, they shall be convicted and punished according to the crime of intentional injury, intentional homicide or the crime of endangering public security by dangerous means.

Fourthly, the characteristics of parabolic objects should be considered. For example, the object to be thrown is a kitchen knife or a TV set, which will obviously cause harm to others, and the degree of harm is different from throwing objects such as banana peel and fruit peel. Punishment of throwing objects at high altitude. According to the provisions of the criminal law, he shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention or public surveillance, and shall also or only be fined.

Case:

1.2065438+On July 2, 2009, a boy aged 10 in Guiyang, Guizhou pushed two fire extinguishers from the window sill on the seventh floor twice. The second fire extinguisher hit the victim's head, causing her to be unconscious on the spot, bleeding from her head and dying after being rescued. In the end, the court ruled that the parents of the defendant boy compensated the plaintiff's family for various economic losses totaling 780,000 yuan. At the same time, a property branch of the defendant also needs to bear supplementary liability for compensation.

2.202 1 year/month, the defendant joy chen (pseudonym) repeatedly threw beer bottles, garbage and other items from the window of his living room during his residence in a street in Guangming District, Shenzhen. On April 2, 20021year, Guangming District People's Procuratorate filed a public prosecution with Guangming District People's Court. After trial by the court, joy chen was sentenced to six months' imprisonment and fined RMB 2,000.

Therefore, throwing objects at high altitude is not only uncivilized, but once it happens, the responsible person will not only be liable for compensation, but also may constitute a crime. I hope you don't throw things at high altitude with luck, because your behavior has constituted a crime, so you must think twice before you act, so as not to harm others and yourself.