Summary of high-altitude throwing objects: Someone threw a beer bottle and was fined 2,000 in July

From cigarette butts, socks, food scraps and other small items to heavy objects such as ashtrays, mops, flower pots, decoration garbage, etc., high-altitude throwing objects have become a veritable "pain hanging over the city", seriously threatening the "safety of the overhead" of the masses. In recent years, amendments to the Civil Code and the Criminal Law have successively made provisions on the behavior of high-altitude throwing objects, providing an action guide for judicial organs to properly try the behavior of high-altitude throwing objects in accordance with the law and ensure that the people live and work in peace and contentment.

Recently, the reporter of the "Rule of Law Daily" sorted out the civil and criminal cases of disputes arising from high-altitude projectiles heard by the people's courts in many places across the country, and analyzed the elements of the crime involving high-altitude projectile-related crimes and the compensation principle of civil cases through specific cases, so as to enhance the public's awareness of public safety and reduce the occurrence of tragedies.

Littering building materials causes fractures

A suspended sentence was given for guilty plea compensation

"People on the 4th floor threw things down, and my mother was smashed into a broken rib!" One day in 2023, a woman in a community in Donghu High-tech Zone, Wuhan City, Hubei Province, called to report that her mother was picking up waste and was suddenly smashed into a broken bone by garbage falling from the sky.

According to the investigation of the public security organs, Jiang was engaged in interior decoration work on the 4th floor of the community involved in the case, and on a certain day in August 2023, Jiang repeatedly threw construction waste out of the window in order to save trouble, after confirming that there was no one at the bottom of the building.

On the day of the incident, Jiang, who thought everything was going on as usual, packed the small pieces of packaging paper shells, dust, soil, broken bricks and other decoration garbage in the house in a snakeskin bag and threw them downstairs from the window, but unexpectedly hit Li downstairs, causing soft tissue contusions on his chest and back accompanied by rib fractures. In September of the same year, after being evaluated by the judicial authority, Li was slightly injured. A few days later, Jiang took the initiative to surrender to the public security organ and compensated Li for his economic losses to obtain his forgiveness.

On May 17, the verdict of this case was pronounced at the Contemporary Community Circuit Trial Point in East Lake High-tech Zone: Jiang X was slightly injured by throwing objects from high altitudes many times, and the circumstances were serious, and his behavior has constituted the crime of throwing objects from high altitudes. Because Jiang showed remorse of voluntarily surrendering, voluntarily admitting guilt and accepting punishment, and taking the initiative to make compensation, he was sentenced to six months imprisonment, suspended for one year, and fined 1,000 yuan. Jiang expressed his acceptance of the sentence in court.

"We've heard of the punishment of throwing objects from high altitudes before, but under what circumstances will the crime of throwing objects from high altitudes be constituted?" Residents who were observing the trial raised their questions.

"Amendment (11) to the Criminal Law adds the crime of throwing objects from high altitudes, which releases a signal to punish the crime of throwing objects from high altitudes. The crime of throwing objects from high altitudes is an act of committing it, that is, as long as the act of throwing objects from high altitudes is actually dangerous, and the circumstances are serious, it constitutes a crime. After the verdict was announced, Judge Wang You gave a comprehensive interpretation of the crime of throwing objects from high altitudes in the Criminal Law: "Taking this case as an example, the defendant in this case threw the decoration garbage from the 4th floor many times for convenience during the renovation, and finally hit the pedestrian and caused the incident. ”

Throwing wine bottles endangers safety

He was fined 2,000 in July

At around 21:00 on March 31, 2022, Chen, who lived in the dormitory building on the north side of the basketball court of a research institute in Haidian District, Beijing, threw an empty glass wine bottle from the second floor of the dormitory building to the basketball court because he was dissatisfied that others playing basketball downstairs affected his rest.

After investigation by the judicial organs, it was determined that Chen smashed an empty glass wine bottle that he had drunk into the basketball court downstairs, and because the dormitory floor was higher, the glass wine bottle was directly smashed on the basketball court. At the time of the incident, there were three people playing on the basketball court and one person running.

After the trial, the court held that Chen's throwing of objects from the building was serious, and his behavior constituted the crime of throwing objects from a height. At the same time, because Chen had previously been sentenced to fixed-term imprisonment for intentional crimes, he committed another crime within 5 years after the completion of the sentence, and was a recidivist. In summary, the court sentenced the defendant Chen to seven months in prison and a fine of 2,000 yuan for the crime of throwing objects from a height.

Fan Qiang, a judge of the Haidian District People's Court, said that according to the provisions of the Criminal Law, if the circumstances are serious, a person who throws objects from a building or other height shall be sentenced to fixed-term imprisonment of not more than one year, criminal 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.

"If the defendant's act of throwing objects from a height causes serious injury or even death to others, in accordance with the provisions of the above provisions, the crime of throwing objects from a height may no longer apply, and the punishment will be heavier." Fan Qiang said: "If the perpetrator subjectively intentionally injures or kills others by throwing objects from a height, it may constitute the crime of intentional injury or intentional homicide. If it is subjectively negligent and causes serious injury or death to another person, then it may constitute the crime of negligence causing death, or the crime of negligence causing serious injury. ”

A child is injured by a cement stone

The tenants of the property share the responsibility

On July 12, 2022, Huo Moumou, who lives in Nanchuan District, Chongqing City, was playing with his playmates at the door of a community life supermarket when he was hit in the right shoulder by a cement stone falling from a nearby building, resulting in injury, and was then sent to the hospital for treatment, and was diagnosed with a fracture of the right shoulder, which was identified as a grade 10 disability. Later, after the public security organs visited and investigated, it was impossible to identify the specific infringer.

Subsequently, the public security organs commissioned the Physical Evidence Identification Center to conduct an acoustic and visual appraisal of the surveillance video, and determined that the starting area of the falling object was more than 19 floors (including 19 floors) of No. 1 and No. 9 units in Building 31. Huo Moumou then sued 20 residents including Zhang Moumou and the community property company of 31 buildings that may have committed infringements to the court.

After trial, the Nanchuan District People's Court held that the Civil Code clearly stipulates the subjects who should bear tort liability in the tort cases of high-altitude throwing objects and falling objects. In this case, the fact that Huo Moumou was injured by a cement stone falling from a height in 31 buildings in the community involved in the case is clear, although the property company had publicized the harmfulness of high-altitude throwing objects in the community by putting up posters and other means before the incident, it did not fully perform the obligations of repair, maintenance, management and other obligations agreed in the property service contract, causing the building stones to fall and causing the plaintiff to be injured, and his behavior violated the obligation of safety and security, and the plaintiff should bear 30% (30,483 yuan) of responsibility for the plaintiff's losses. At the same time, due to the failure to identify the actual infringer, according to the appraisal results combined with the residential use of the part of the owners, it was confirmed that 20 defendants including Zhang Moumou were liable for 70% (a total of 71,130 yuan) of compensation.

A garbage worker was injured in the sky

Unable to self-prove, indeed

At 7:40 on August 14, 2022, when Li, who was engaged in decoration operations in a community in Neixiang County, Nanyang City, Henan Province, walked out of the corridor on the first floor, a domestic garbage bag thrown from a height hit the drip eaves on the second floor, causing the glass tiles of the dripping eaves to break, and the falling tiles smashed Li's right eye and right wrist, for which Li paid more than 30,000 yuan in medical expenses, and so far his right wrist is inconvenient to move, and his right eye vision has declined.

After the accident, Li called the police, and the public security organs found out that the garbage bags thrown from the height were thrown from the south household of Unit 4 of Building 16, the south household on the 1st to 2nd floors was being renovated, the 3rd to 4th floors were not renovated and no one moved in, and the 5th to 8th floors lived in 4 households. Subsequently, Li sued the owners of the four upstairs households and a property management company to the court.

During the trial, three owners argued that they did not throw household garbage bags downstairs. Lu, a resident on the 7th floor, submitted evidence to prove that he had not moved in.

After trial, the Neixiang County People's Court held that if an object thrown from a building or an object falling from a building causes damage to others, and it is difficult to determine the specific infringer after investigation, the user of the building who may have caused the harm shall compensate the user of the building who may have caused the damage, 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.

It was determined that the total amount of compensation to be received by Li was 53,990.21 yuan. Based on the likelihood of throwing objects in the building, there is an equal probability among the occupants of the unit in the building, and the liability for compensation for the plaintiff's losses shall be shared equally among the occupants on the 5th, 6th and 8th floors of the unit within a reasonable range. Defendant Lu submitted relevant evidence sufficient to prove that his family members did not move in at the time of the incident, and did not bear the liability for compensation. Considering that it is difficult to determine the specific infringer, and the three defendants involved in the case are the users of the building that may cause harm and bear the liability for compensation, the court decided that the three defendants should each give the plaintiff 9,800 yuan in compensation.

At the same time, the defendant, a property management company, failed to take necessary and adequate security measures in this case, and should bear 30% of the tort compensation liability in accordance with the law. Combined with the special circumstances of the high-altitude throwing case in this case, it was decided that the defendant property management company should bear 20% of the compensation liability, that is, 10,798.04 yuan.

Falling glass smashed the vehicle

Violating the parking first, each responsible for it

One day in August 2023, Xu Mou in Ruian City, Zhejiang Province, picked up his children from school and went around the school but couldn't find a parking space, so he parked his vehicle on the sidewalk near the school with a fluke mentality. After picking up the child, he found that the windshield and body of his vehicle had been smashed by falling glass in the community near the school, and he hurriedly called the police. After the on-site investigation, the police confirmed that the damage to the car was caused by the falling window glass of Zheng's house, the owner of the community. Afterwards, the two parties disputed the amount of compensation, and Xu sued Zheng to the court, demanding that he bear the car maintenance fee of 3,650 yuan.

After trial, the Ruian Municipal People's Court held that if an object thrown from a building or an object falling from a building causes damage to others, the infringer shall bear tort liability in accordance with law. Where the infringed party is at fault for the occurrence or expansion of the same harm, the infringer's liability may be reduced. In this case, the glass that hit Xu's vehicle fell from Zheng's house, and Zheng should be liable for Xu's losses. However, Xu parked the vehicle illegally on the sidewalk, and there was also a certain fault and he needed to bear the corresponding responsibility. Accordingly, the court ruled that the owner, Mr. Zheng, should bear 60% of the liability for compensation, and the owner of the car, Mr. Xu, should bear 40% of the liability for his own reasons.

The judge said after the trial that the public must correctly understand the hazards of high-altitude throwing or falling objects, put an end to the uncivilized behavior of high-altitude throwing objects, and do a good job in the daily management of buildings. In this case, Xu's illegal parking behavior was also at fault for the occurrence of damages, so he needed to bear corresponding responsibility. The judge reminded that laws and regulations should be strictly observed in daily life, and all kinds of uncivilized behaviors should be resolutely put an end to.

Relevant provisions of the Civil Code

Article 1254: It is forbidden to throw objects from buildings. 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.

Relevant provisions of the Criminal Code

Article 291-2 Where objects are thrown from buildings or other heights, and the circumstances are serious, a sentence of up to one year imprisonment, short-term detention or controlled release is to be given, 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.

Source: Rule of Law Daily

Author: Liu Zhiyue

Process edit: u060