高空抛物犯罪的类型化评价

Typified Evaluation of Crimes of Throwing Objects from Heights

高空抛物犯罪牵涉诸多不同罪名,需根据法益侵害的差异性进行类型化考察。“情节严重”的高空抛物行为构成高空抛物罪,“情节严重”属于客观违法要素,可从客观危害性和侵害可能性两个维度考察。造成他人轻伤以下的高空抛物行为,构成高空抛物罪或高空抛物罪和寻衅滋事罪的想象竞合犯。造成他人轻伤以上的高空抛物行为,构成故意伤害罪、故意杀人罪等侵害人身权犯罪。造成财产损失数额较大的高空抛物行为构成高空抛物罪、寻衅滋事罪和故意毁坏财物罪的想象竞合犯。危害公共安全的高空抛物行为,需根据抛掷物品性质和可能发生的结果确定所涉罪名,不宜笼统地认定为以危险方法危害公共安全罪。

Crimes of throwing objects from heights involve many different charges,which need to be classified according to the differences in the infringement of legal interests.The act of throwing objects from heights with seri⁃ous consequences is established as crimes of throwing objects from heights.The“serious consequences”is an objec⁃tive element of the offense,which can be assessed from the perspectives of objective harm and potential infringe⁃ment.The act of throwing objects from heights causing less than minor injuries to others should constitute the crime of throwing objects from heights or the perpetrator becomes the imaginative joinder of offenses of the crime of throw⁃ing objects from heights and the crime of provocation and troublemaking.The act of throwing objects from heights causing more than minor injuries to others should constitute the crime of infringement of personal rights such as intentional injury and intentional homicide.The perpetrator throwing objects from heights resulting in significant property damages should become the imaginative joinder of offenses of the crime of throwing objects from heights,the crime of provocation and troublemaking and the crime of intentional destruction of property.The act of throwing objects from heights endangering public security should be determined according to the nature of the objects thrown and the possible consequences,and rather than being generalized as the crime of endangering public security by dangerous methods.