[Direct answer]When the circumstances are serious, it may constitute a crime. According to Article 291 of the Criminal Law of the People's Republic of China (amended in 2023), anyone who throws objects from buildings or other high places, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention, or control, and may, in addition, be fined or given a single fine; if the act constitutes other crimes at the same time, the crime shall be determined and punished in accordance with the provisions of the more severe punishment. Therefore, if the circumstances of throwing objects from high places are serious, it may constitute the crime of throwing objects from high places; if the thrown objects cause serious injury or death to others or endanger public safety by dangerous methods, it may be dealt with in accordance with more severe crimes such as manslaughter and endangering public safety by dangerous methods. If the circumstances are obviously minor and do not reach a serious level, it shall generally not be treated as a crime, but the perpetrator may still bear civil compensation liability.

I. Problem Background and Typical Scenarios

The act of throwing objects from high altitudes is a prominent issue that endangers public safety and has received widespread attention in recent years after it was criminalized. In practice, residents often throw items out of windows for trivial reasons or drop construction waste, etc., which often lead to disputes over whether these acts constitute crimes and how to handle them. When handling such cases in the Beijing area, judicial authorities will consider factors such as the type of items thrown, the height and location of the throwing, whether damage has occurred, and the degree of danger of the act to determine whether the circumstances are serious. They will also distinguish between the crime of throwing objects from high altitudes and other crimes. The perpetrators may also bear civil liability for compensation. Victims should promptly report the incident to the police and preserve evidence.

II. Key points of dispute

There are four points that need to be clarified: Firstly, how to determine whether the circumstances are serious; Secondly, the application relationship between the crime of throwing objects from a height and other crimes; Thirdly, how to handle cases that do not meet the standard for criminal prosecution; Fourthly, how to connect criminal responsibility with civil compensation. Generally speaking, if the circumstances are serious and constitute the crime of throwing objects from a height, the perpetrator will also be subject to heavier punishment for other crimes; if the crime is not constituted, the perpetrator still needs to bear civil compensation liability and may be held accountable for corresponding administrative responsibilities. Whether the evidence is sufficient directly affects the determination of the circumstances and the crime. The parties should provide evidence around the throwing behavior and the harmful consequences, and the police reports and investigation records are particularly crucial.

III. Professional analysis by Henglue Lawyers

When handling cases related to personal injury and criminal prosecution, Henglue Lawyers have accumulated experience in effectively protecting clients' rights through civil litigation. Zhao Qingqing, a 14-year-old girl who had been suffering from depression for a long time, joined a WeChat group for depressed teenagers. Group members often discussed suicide methods and shared related documents. On the evening of December 7, 2022, group members guided her step by step in measuring doses and preparing solutions, and continued to encourage her after she vomited the first time. The next day, Zhao Qingqing died from nitrite poisoning. The family initially hoped to pursue criminal charges, but the public security organ refused to file a case because all three group members were minors and suffered from depression. Therefore, Zhao Qingqing's parents entrusted Yun Hang, a lawyer from our firm, to pursue civil liability for infringement. Yun Hang pointed out that there was a direct causal relationship between the instigation and the death, and the perpetrators had the subjective intent to instigate others to commit suicide. According to Article 1169 of the Civil Code of the People's Republic of China (effective January 1, 2021), they constituted joint infringement, and their guardians should bear corresponding responsibilities. At the same time, he argued that the online sales platform and the food ingredient sellers failed to fulfill their obligations of review and warning, and should bear corresponding responsibilities. He also used massive chat records and other evidence to reconstruct the specific roles of the defendants. This case shows that, in the absence of criminal proceedings or refusal to file a case, victims and their families can still pursue responsibilities and protect their rights through civil litigation for infringement. As for high-altitude throwing, even if it does not meet the standards for criminal prosecution, victims can still claim civil compensation separately. This case was handled by Beijing Henglue Law Firm.Yuan HangAttorney (Practice Certificate No.: 11101202110286151, subject to the certificate issued by the judicial administrative organ) acting on behalf of the client.

IV. Practical suggestions and legal basis

Action suggestions: First, if harm is caused by throwing objects from a height, report the case to the police in time and push for an investigation, and fix the evidence at the scene and from surveillance cameras; Second, keep medical records and expense receipts to calculate the losses; Third, if the circumstances are serious and constitute a crime, cooperate with judicial authorities to pursue criminal responsibility and initiate concurrent civil or separate civil litigation; Fourth, if the case does not meet the standards for criminal prosecution, claim compensation for infringement through civil litigation and push for rectification at the administrative and property management levels. For cases involving personal injury, you can refer to the relevant provisions of the Civil Code of the People's Republic of China.Personal injury and medical disputes; For the investigation of criminal responsibility, you can refer to the following documents:Criminal defense and criminal case filingLegal basis: Article 291 of the Criminal Law of the People's Republic of China (amended in 2023), Article 1,254 of the Civil Code of the People's Republic of China (effective since January 1, 2021), and related provisions. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

First, if the act of throwing objects from a height is serious, it constitutes the crime of throwing objects from a height. Second, if it also constitutes other crimes, the offender shall be convicted and punished in accordance with the provisions of the more severe punishment. Third, if the act does not reach the criminal standard, the offender shall still bear civil compensation liability. Fourth, criminal and civil procedures can be connected, and the victim can claim compensation at the same time. If it involves personal injury, it can be handled throughPersonal injury and medical disputesThe service is supported, and you can refer to it for criminal charges and defenseCriminal defense and criminal case filingColumn.

VI. Frequently Asked Questions

Q1: Should people who throw objects from a height be held criminally liable?

In serious cases, it may constitute a crime. According to Article 291 of the Criminal Law, anyone who throws objects from buildings or other high places, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention, or control, and may also be fined or given a single fine; if it constitutes other crimes at the same time, the crime shall be determined and punished in accordance with the provisions of the more severe punishment. If the circumstances are obviously minor and do not reach a serious level, it shall generally not be treated as a crime.

Q2: What constitutes a serious plot?

Generally, the judgment is based on a comprehensive consideration of factors such as the type and quantity of the items thrown, the height and location of the throwing, whether it occurred in a densely populated area, whether it caused any damage, and the subjective malice of the perpetrator. The specific determination shall be based on the evidence in the case and the judicial ruling. If the circumstances are serious, criminal responsibility shall be investigated according to law; if not, civil or administrative responsibility may be imposed.

Q3: Is it still a crime even if no one was hit?

It's possible. The crime of throwing objects from a height does not require actual casualties, as long as the act of throwing objects from a height constitutes a serious offense. Whether the offense is serious or not needs to be judged based on the location, the type of objects, and the degree of danger. If the offense does not meet the criminal standard, the perpetrator may still be subject to administrative punishment and bear corresponding civil liability.

Q4: How can victims claim compensation?

You can promptly report the case to the police and fix the evidence, keep the medical records and expense receipts, and calculate the losses; if the case constitutes a crime, you can file a concurrent civil action in criminal proceedings, or separately file a civil lawsuit to claim medical expenses, loss of income, disability compensation, etc. If it is difficult to identify the specific infringer, you can claim compensation from the building users who may have caused the harm, in accordance with the provisions of the Civil Code.

Q5: Does the property management company have any responsibility in this case?

Yes. Where building managers such as property service enterprises fail to take necessary safety precautions, such as not installing or maintaining surveillance systems, not setting up warning signs, or not promptly identifying and addressing potential hazards, they shall bear corresponding tort liability in accordance with the law. Victims may list the property management company as a responsible party and use the property management company's inspection and maintenance records as evidence of whether it fulfilled its duty of care.

The above answer is based on the judicial practice in the Beijing area. The adjudication guidelines in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Personal injury legal services·Attorney Yuan Hang·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.