Recently, the criminal trial division of the Jin'an District People's Court of Lu'an City, Anhui Province went into the community where the incident occurred to hear a high-altitude throwing case, and the defendant Li was sentenced to eight months in prison, suspended for one year, and fined 3,000 yuan for committing the crime of throwing objects from high altitudes.
It is reported that on September 25, 2023, Li, a resident of a community on the 26th floor of Qingshuihe Street, Jin'an District, had a quarrel with his wife over trivial family matters, and then Li threw the computer display screen in the bedroom, abdominal wheels and other items from the window of the room, and the items fell from the 26th floor on the road in front of the entrance door of the building. After the case occurred, Li was summoned to the case by the public security organs and truthfully confessed the facts of his crime.
△ The scene of the trial
In order to prevent and put an end to the occurrence of such incidents, and to make local residents fully aware of the serious consequences of throwing objects from high altitudes and the possible legal responsibilities of the perpetrators, the Jin'an Court decided to move the court into the community where the incident occurred for a public trial and public verdict.
After trial, the court held that the defendant threw objects from a height on the 26th floor in order to vent his emotions, and the circumstances were serious, and his behavior constituted the crime of throwing objects from a height. In view of the fact that the defendant Li X surrendered voluntarily and voluntarily pleaded guilty and accepted punishment, and was given a lighter punishment in accordance with law, the above judgment was made in accordance with law.
△ After the verdict, the defendant confessed that he was not at the beginning
"I regret it very much now, I hope everyone is calm, don't learn from me, take me as a warning!" After the verdict was announced, defendant Li X stated in court that he voluntarily pleaded guilty and accepted punishment, expressing his acceptance of the verdict.
"Living in a high-rise building, I really need to strengthen my awareness of not throwing objects from high altitudes, and I always remind my family to avoid similar situations when I go back," said a resident who attended the meeting.
After the trial, the judge also explained the law with the case on the spot, and combined with the recent "National Anti-Fraud in Action" concentrated publicity campaign launched by the Provincial High Court, to carry out anti-fraud reminders for the residents who were observing, and further strengthened the community residents' awareness of legal knowledge such as refusing to throw objects from high altitudes and preventing telecommunication fraud.
How harmful are high-altitude projectiles?
According to professional experiments,
An egg weighing 30 grams
Throwing down from the 18th floor can smash people's skulls,
And dropped from the 25th floor,
The impact is powerful enough to kill a person!
What kind of legal responsibility should be borne by high-altitude throwing objects?
Article 291-bis of the Criminal Law:
[Crime of Throwing Objects from High Altitudes] Throwing objects from buildings or other heights, where the circumstances are serious, is to be sentenced to up to one year imprisonment, short-term detention or controlled release, and/or a fine.
Where conduct in the preceding paragraph simultaneously constitutes other crimes, follow the provisions for the heavier punishment at trial and sentencing.
Article 1254 of the Civil Code:
It is forbidden to throw objects from the building. 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 employed, tort liability for failure to perform security obligations shall be borne in accordance with law.
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.
The big thing "above the head" is about life!
Refuse to throw objects from high altitudes,
It starts with you and me!
Source: China News Network, People's Daily, etc