Chaoyang Law Firm: How is sentencing determined for objects thrown from heights?
Time:
2022-08-22
How to sentence high-altitude throwing
It depends on the actual situation.
For high-altitude throwing behavior, the social harm of the behavior should be comprehensively considered, the nature of the behavior accurately determined, the crime correctly implemented, and the punishment accurately determined based on the perpetrator's motive, the location of the throw, the situation, and the consequences caused.
Intentionally abandoning high-altitude throwing that does not cause serious consequences but is sufficient to endanger public safety will be punished according to Article 114 of the Criminal Law, for the crime of endangering public safety by dangerous means, with a fixed-term imprisonment of not less than three years and not more than ten years.
Causing serious personal injury or significant public and private property damage will be punished according to the first paragraph of Article 115 of the Criminal Law, with a fixed-term imprisonment of more than ten years, life imprisonment, or death penalty.
How to deal with frequent high-altitude throwing in the community
According to the national property law and other regulations, high-altitude throwing is illegal. In this case, you should first report it to the property management company of the community. If high-altitude throwing occurs and causes property or personal injury, the property management company is not responsible, but should bear certain compensation responsibilities under certain conditions. This is because the property management company is responsible for managing the public order of the community or maintaining order in the area. High-altitude throwing is an act that disrupts the public order of the community and endangers public safety. Attempting to prevent this situation should be one of the responsibilities of the property management company. According to laws and regulations, if real estate service companies fail to fulfill the provisions of the real estate service contract, causing damage to the personal and property safety of the owners, they should bear corresponding legal responsibilities according to law.
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