| The adoption of Amendment XI to the Penal Code introduced a new offence of throwing from a height into the criminal justice system,raising awareness of the dangers of throwing from a height and bringing the problem to the attention of a large part of the country,which contributes greatly to maintaining peace.Before the introduction of throwing from a height as a stand-alone offence,eighty per cent of cases involving throwing from a height were resolved by civil compensation or administrative fines,which would have made the final outcome ambiguous and would not have ensured the full deterrent effect of the law.Although the crime of throwing objects from a height was introduced later by Amendment XI to the Penal Code,there are different types of cases of throwing objects from a height,different places where the objects are thrown,and it is impossible to fully account for the time and place when the offence is definitively committed,and there are slight variations.This article analyses court decisions in actual cases of throwing objects from a height,highlights some of the problems that arise in case law and analyses court decision arising from the application of the offence of throwing objects from a height.In light of this,this article examines the offence of high throwing in order to address the difficult problem of criminal penalties for the offence of high throwing in practice.In the first chapter,the theoretical controversies surrounding the criminalisation of throwing objects from a height are discussed.Before the offence became a separate crime,it was mainly a civil or administrative offence,and when the degree of harm was large,the offence of endangering public safety by dangerous means was used to underwrite it.The second part of this section discusses the understanding of "aggravating circumstances" in the offence of throwing objects from a height,including several types of aggravating circumstances.The second part of the report is devoted to the definition of the offence of throwing from a height,the first point,the boundary between the offence of throwing from a height and non-criminal offences,its offence and other offences,the second point,the definition of the offence of throwing from a height and the offence of endangering public safety by dangerous means,the delimitation of the boundary between intentional killing and causing bodily harm,unintentional killing and negligent causing of serious bodily harm,the third point,the determination of the constituent elements of the offence,in particular the existence of a competition between the offence of throwing from a height and other offences,conclusion The third part deals with the determination of the constituent elements of the criminal offence.The difficulties arising in the application of the offence of throwing objects from a height and the measures to be taken to deal with them are examined in detail in the third part,and a brief explanation of the measures to be taken to deal with them is given,the main points being the development of the excessive use of the offence of endangering public safety by dangerous means,the quality problem of the offence,the ambiguity of the criteria for applying the facts as well as other cases where case law is difficult to deal with. |
