Article 125 If a building, structure or other facility and its shelving or hanging objects fall off and cause damage to others, and the owner, manager or user cannot prove that he is not at fault, he shall bear tort liability. After compensation, the owner, manager or user, if there are other responsible persons, has the right to recover from other responsible persons.
Article 1254th it is forbidden to throw objects from buildings. If an object thrown from a building or an object falling from a building causes damage to others, the infringer shall bear tort liability according to law; If it is difficult to determine the specific infringer after investigation, in addition to being able to prove that he is not an infringer, the user of the building who may cause harm shall be compensated. After compensation, the user of the building who may cause damage has the right to recover from the infringer.
Property service enterprises and other building managers shall take necessary safety measures to prevent the occurrence of the situations mentioned in the preceding paragraph; Those who fail to take necessary security measures shall bear the tort liability for failing to fulfill their security obligations according to law.
In case of the circumstances specified in the first paragraph of this article, the public security organ and other organs shall promptly investigate and find out the responsible person according to law.
Parabolic behavior at high altitude needs to be identified and dealt with according to the actual consequences, especially the specific matters identified in different cases involved are different. If the handling of the relevant situation is not clear, you can consult a lawyer to define it, and severely punish the serious illegal facts.
Criteria for filing the crime of throwing objects at high altitude;
1. The standard for filing a high-altitude parabolic object is that if the victim is seriously injured or killed, the public security organ will file a criminal case;
2. If no one is seriously injured, throwing objects at high altitude only needs to bear civil liability for compensation, and the specific infringer must also be determined. If it is difficult to identify the infringer, the whole building may be jointly and severally liable for compensation;
3. If the high-altitude parabolic crime causes casualties or heavy property losses, if the circumstances are serious, it will reach the punishment standard of high-altitude parabolic crime.
The sentencing standard for the crime of throwing objects at high altitude is fixed-term imprisonment of not more than one year, criminal detention or public surveillance, and a fine or a single fine. The law clearly stipulates that if the circumstances of throwing objects at high altitude are serious, they can be sentenced to fixed-term imprisonment of not more than 1 year or criminal detention. In addition, those who intentionally throw objects at high altitude and cause personal injury need to be investigated for illegal responsibility for intentional injury.
The constitutive elements of the crime of throwing objects at high altitude are as follows:
1. Object elements: The object of the high-altitude parabolic crime is the management of public order;
2. objective elements: throwing objects from buildings or other high altitude, and the circumstances are serious;
3. Subject elements: the subject of a crime is a general subject, and the perpetrator can reach the age of criminal responsibility for the crime when he has reached the age of 16;
4. Subjective elements: The subjective aspect of the crime is intention, that is, the actor deliberately throws objects from high altitude.
To sum up, throwing objects at high altitude is a criminal offence, which constitutes the crime of throwing objects at high altitude. The law clearly stipulates that if the circumstances of throwing objects at high altitude are serious, they can be sentenced to fixed-term imprisonment of not more than 1 year or criminal detention. In addition, anyone who intentionally throws objects at high altitude and causes personal injury needs to be investigated for illegal responsibility for intentional injury.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 29 1 bis of the Criminal Law stipulates the crime of throwing objects from high altitude, that is, throwing objects from buildings or other high altitudes. If the circumstances are serious, they 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. Whoever commits the acts mentioned in the preceding paragraph and constitutes other crimes shall be convicted and punished in accordance with the provisions of heavier punishment.