The filing standards for the crime of throwing objects from high altitude are as follows:
1. The filing standard for throwing objects from high altitude is that the public security organs that cause serious injury or death to the victim will file a criminal case, the details are as follows:
p>(1) The act of throwing objects at high altitude must endanger the safety of the public in order to constitute the crime of throwing objects at high altitude;
(2) The act of throwing objects at high altitude must disturb public order to constitute a crime. Public order is the necessary order to maintain social public life;
(3) Projectiles should be thrown from a height above the top of a one-story building or other equivalent heights;
2. If there are no serious consequences, Those who throw objects from high altitude only need to bear civil liability for compensation;
3. If the crime of throwing objects from high altitude causes casualties or heavy property losses, and the circumstances are serious, it meets the filing standards for the crime of throwing objects from high altitude and falls under the following serious circumstances:
(1) The kitchen knife, which is a dangerous product in the general sense, was thrown into the public area downstairs. Although no actual damage was caused, his behavior itself was dangerous enough to damage the normal order of the public area downstairs, and his throwing behavior was severely punished by the court.
(2) The perpetrator subjectively knows that throwing objects will cause consequences that endanger social and public order, and implements a correspondingly dangerous throwing behavior. When the throwing behavior causes corresponding damage, the limit is minor personal injury. Injury or large property losses also constitute serious circumstances;
(3) The People's Court has certain discretionary power to determine whether high-altitude objects thrown will cause serious consequences.
4. The people's court should consider whether the motive of the behavior is subjective venting of anger or objective negligence, and whether the throwing location is a main road with a large flow of people or a no-man's land with a small flow of people. In addition, the attributes of the thrown object (such as mass, shape, degree of danger, etc.) should also be combined to comprehensively judge whether it constitutes the crime of throwing objects from high altitude.
Criminal Law of the People's Republic of China
Article 291 bis? If the crime of throwing objects from a building or other high place is serious, he shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention or public surveillance, and shall also or solely be fined.
If the conduct in the preceding paragraph constitutes other crimes, he shall be convicted and punished in accordance with the provisions on heavier penalties.