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Throwing objects at high altitude can be sentenced to death, and the crime of intentional injury sha

The Supreme People's court recently issued the "opinions on properly handling cases of throwing objects and falling objects from high altitude according to law", which stipulates that those who deliberately throw objects from high altitude shall be punished according to the specific circumstances as the crime of endangering public security by dangerous means, the crime of intentional injury or the crime of intentional homicide, and the specific circumstances shall be severely punished. The opinion also stipulates that under any of the following circumstances, a heavier punishment shall be imposed, and generally probation shall not be applied: those who have been implemented for many times; Continue to implement after dissuasion; Having been subjected to criminal or administrative punishment and then implemented; Implemented in densely populated places; Other serious circumstances.

Intentional throwing at high altitude will be punished as the crime of endangering public safety by dangerous means, the crime of intentional injury or the crime of intentional homicide

The reporter learned from the Supreme People's Court on the 14th that in order to effectively prevent and punish high-altitude parabolic and falling objects according to law, the supreme law recently issued opinions on properly hearing high-altitude parabolic and falling objects cases according to law. According to this opinion, those who deliberately throw objects at high altitude shall be punished according to the crime of endangering public security by dangerous means, the crime of intentional injury or the crime of intentional homicide according to the specific circumstances, and shall be severely punished under specific circumstances.

The opinion stipulates that Whoever intentionally discards articles from high altitude, which has not caused serious consequences, but is enough to endanger public security, shall be convicted and punished in accordance with the crime of endangering public security by dangerous means stipulated in Article 114 of the criminal law; Whoever causes serious injury or death to a person or causes heavy losses to public or private property shall be punished in accordance with the provisions of the first paragraph of Article 115 of the criminal law. Whoever commits the above 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 intentional homicide.

The opinions clearly put forward that the high-altitude parabolic crime should be severely punished according to law. Under any of the following circumstances, a heavier punishment shall be imposed, and generally probation shall not be applied: it is implemented for many times; Continue to implement after dissuasion; Having been subjected to criminal or administrative punishment and then implemented; Implemented in densely populated places; Other serious circumstances.

In terms of falling objects, the opinions stipulate that if the negligence causes the articles to fall from a high altitude and cause death or serious injury, which is in line with the provisions of articles 233 and 235 of the criminal law, it shall be convicted and punished according to the crime of death or serious injury caused by negligence. Whoever, in violation of the relevant safety management regulations in production or operation, falls articles from high altitude, resulting in a major casualty accident or other serious consequences, shall be convicted and punished for the crime of major liability accident in accordance with the provisions of the first paragraph of Article 134 of the criminal law.

The Opinions also put forward that in the civil trial work, the people's court should comprehensively apply the rules of evidence in civil procedure, find and determine the direct infringer to the greatest extent, and judge him to bear tort liability according to law; If the property service enterprise fails to fulfill its statutory or agreed obligations, resulting in the falling of buildings and their shelved and suspended objects, resulting in damage to others, its tort liability shall also be investigated; If the property service enterprise conceals, destroys, tampers or refuses to provide corresponding evidence, resulting in the fact of the case difficult to determine, it shall bear the corresponding adverse consequences.

The head of the Research Office of the Supreme People's court said that the people's court will severely punish the perpetrators of high-altitude throwing according to law, fully protect the victims, fairly and steadily try civil cases of high-altitude throwing and falling objects according to law, give full play to the leading and normative role of judicial judgment, clarify the responsibilities of property service enterprises according to law, promote them to further strengthen management and improve their work, and better play their due role.