The 2012 Hunan judicial examination training

A new starting point for daily practice

(content: 2012 the new criminal procedural law exercises)

Multiple choice questions

 

1In a case of private prosecution, the people's court review, found the defendant dies, it should be how to deal with ( )

ACan persuade the private prosecutor to prosecute                BThe termination of the trial

COnly the court rejected the prosecution                      DCancellation of the case

 

2, based on the revised "law of criminal procedure", a lawyer acting as defendants in criminal cases the defenders, the following error is (a )

A. defenders shall be in accordance with the requirements of the accused pleaded not guilty    

B. the defenders shall protect the legitimate rights of the defendant

CThe defender is not. The defendant's spokesman              

DThe defender has the right to independence. Make an argument

 

3, Lee is the Commission's staff, in the process of dealing with foreign guests, careless to make the state secrets, according to China's "criminal law", "criminal law" and the relevant provisions of judicial interpretation, the case shall be an organ, which directly affected by the physical ( )

ABy the state security organ for investigation              

BBy the public security organ for investigation

CBy the people's Procuratorate investigation                

DBy the people's court handled directly

 

4The provisions, for the international treaties concluded or acceded to by China's crime in our country, the scope of duties within the jurisdiction. Such cases shall be under the jurisdiction of a court? ( )

AThe defendant. Courts at the grassroots level entry                

BAt the intermediate people's court the defendant was arrested the

CThe defendant was captured. The courts at the grassroots level              

DAt the intermediate people's court accused of entry

 

5Xiaomou, arson, xiaomou defender took about xiaomou suffers from intermittent mental illness diagnosis psychiatric hospital for the defendant to prove the xiaomou, xiaomou in flagrante delicto is psychotic episode, should not bear criminal responsibility. The book belongs to which of the following evidence? ( )

AThe witness's testimony       BIdentification of opinion         CDocumentary evidence          DThe evidence

 

6, according to the provisions of the criminal procedure law of our country, in Liu suspected theft case, can act as a defender is(  )

AAt the city's procuratorial Yuanlin, is accused of students

B. the defendant friend Xu, deprived of political rights for committing the crime of endangering national security

CThe trial of the case. The court bailiff Liu is such and such, is the defendant's brother

D. the defendant friend Zhang, being control

 

7At the trial, criminal cases, the defendant Wang believes that the full court of justice Xu the rude, the court to request him to withdraw, the following statement is correct( )

A. the collegial panel should announce an adjournment, the president to decide whether to make a withdrawal, if not wang on the decision, may apply for reconsideration once

B. the collegial panel should announce an adjournment, the president to decide whether to allow the avoidance, if not Wang to decide, not apply for reconsideration

CThe collegial panel should be rejected. In court, Wang has no right to apply for reconsideration

DThe collegial panel should be rejected. In court, but Wang may apply for reconsideration once

 

8The public security organs in the investigation, together with the cases of theft, found Ding Mou is suspected crime, then the detention, the public security organs in several actions taken, the error is(  )

A．在24Hours, notify the Ding family Ding has been detained

B．在12The interrogation of Ding hours

CThere is no crime suspects. It was found that Ding, release it, and issued a release certificate

DIn detention3Days, apply to the people's Procuratorate at the same level for approval of arrest

 

9During the trial, the court, the prosecutor asked to show the outside before the court over to the people's court for evidence directory evidence, for the defense objection ()

AThe judge should not be allowed to produce

BThe presiding judge shall be allowed to produce

CAs long as the evidence. The trial is to show the necessary, may allow a show

DThe presiding judge can. Both sides negotiate a decision, whether to show

 

10In the review, the people's Procuratorate public security organ for approval of arrest cases transferred by the public security organ, that the evidence is not up to the conditions of arrest, the prosecutor should(　)

AInvestigation on supplementalBTo implement the supplementary investigation

CMake not among decisionDDon't make any decision

 

A new starting point for daily practice

2012 of the new criminal procedure law exercisesAnswer and analytic

 

1The answer:A

Analysis: "interpretation of criminal procedure law" article188Regulation: "as to a case of private prosecution, the people's court review of any of the following circumstances, should persuade the private prosecutor to prosecute, or reject: (a) does not conform to the provisions of the 186th conditions of interpretation; (two) the evidence is not sufficient; (three) the limitation period for prosecution of the crime has been (; four) the defendant death; (five) the defendant One's whereabouts is a mystery.; (six) except for lack of evidence the withdrawal of the suit, the private prosecution after withdrawal, the same fact tell; (seven) the people's court mediation, the private prosecution against the regrets, the same fact to tell." B.A.

2The answer:A

Analysis: the defender cannot violate the law and the facts pleaded not guilty to the defendant.

3The answer:C

Analytic: Lee negligently divulges State secrets belong to the crime of malfeasance, cause people's Procuratorate investigation.

4The answer:B

Analysis: "interpretation of criminal procedure law" article7Article: "the provisions of the international treaties concluded or acceded to by the people's Republic of China of the crime, the people's Republic of China in the scope of the treaty obligations, exercise criminal jurisdiction. The provisions of the preceding paragraph shall be under the jurisdiction of the intermediate people's court case the defendant was arrested."

Direct electionB.

5The answer:C

Analysis: This is the maximum interference expert opinion. Expert opinion is the identification of the specialized agencies to make the appraisal opinions, in this case the defender he let the hospital made, so it is not the expert opinion.

6The answer:C

Analysis: the Supreme People's court "interpretation" in Chinese criminal procedure33Provisions, the following persons shall not be appointed as the defender:1.By the probation and the penalty is not completed2.According to the deprivation, restriction of personal freedom of the people3.Incompetence or limited capacity4.The people's court, the people's Procuratorate, the public security organ, the state security organs, prisons present personnel5.The people's jury6.And the outcome of the case interested person7.Foreigners or stateless persons. The preceding paragraph4 5 6 7.The provisions of, if the defendant's near relatives or guardians, commissioned by the defendant as a defender, the people's court may approve. In four b.,AIn a forest, because only the defendant's classmate, do not meet the near relatives or guardians of this condition, so it can not serve as defenders.BStudy of Xu was deprived of political rights, which belongs to the penalty is not completed,DThe Zhang because being controlled, deprivation, restriction of personal freedom, so can not serve as defenders.CIn the brother, belongs to the criminal provisions of the close relatives of the range, to be appointed as the defender.

7The answer:C

Analysis: Criminal Law Article28The provisions of any of the following circumstances, judges, prosecutors, investigators, shall voluntarily withdraw, the parties and their legal representatives shall have the right to request him to withdraw:1.Is a party to the case or a near relative of the party;2.Interested himself or his close relatives and the case;3.Served as the case of the witnesses, authenticators, the defender, agent ad litem;4.There are other relationship with a party to the case, which may affect the impartial handling of the case. The criminal law article29Provision, judges, prosecutors, investigators shall not accept the parties and the entrusted people's dinners, may meet with the parties and the entrusted person in violation of regulations. The above personnel in violation of the provisions of the preceding paragraph, shall be investigated for legal responsibility according to law. The parties and their legal representatives shall have the right to request him to withdraw. The Supreme Court "interpretation" of the criminal procedure29Provisions, does not belong to the criminal procedure law article28Article, article29The circumstances listed in application for withdrawal by the court, court rejected, and may not apply for reconsideration. In this case, the defendant surnamed Wang, the judge Xu the rude, it does not belong to the Criminal Procedure Law lists should be avoided, so it should be rejected by the court in Wang's application, apply for reconsideration Wang unauthorized. Therefore, the D.C

8The answer:B

Analysis: Criminal Law Article83Regulation: when a person detained by public security organs, must produce a warrant. Arrest, the detainee shall immediately send the detention center custody, not later than twenty-four hours. In addition to not notice or suspected of crimes of endangering national security, terrorist activity crime notification would hinder the investigation of possible situation, should be in detention within twenty-four hours after notification, the detainee's family. After the investigation situation to disappear, it shall immediately notify the detainee's family. According to the provisions of the,AXiang Zhengque. Article84The provisions of the public security organ, the detainee shall, after the detention24Hours of interrogation. In that time shall not be detained, must immediately release, issued a release certificate. Accordingly, optionsBA wrong statement,CIs right. Article89The provisions of the public security organ, a detainee, deems it necessary to arrest shall, within three days after the detention, submitted to the examination and approval of the people's procuratorate. Under special circumstances, the time limit for submission and approval may be extended by one to four days. So the optionDIs the correct approach, not elected.

9The answer:C

Analysis: the Supreme Court "interpretation" of the criminal procedure155Provisions, the public prosecutor asked to show the outside before the court to the people's court evidence directory evidence, the defense objection, the trial as long as the evidence is considered necessary to produce, can be allowed to produce. Accordingly, in this case, optionCShould be options.

10The answer:C

Analysis: Criminal Law Article88Provisions, the people's Procuratorate review for the public security organ for approval of arrest cases, shall according to the circumstances to approve or disapprove the arrest decision. If it decides to approve the arrest, the public security organ shall be executed immediately, and the implementation of timely notify the people's procuratorate. For non approval of arrest, the people's Procuratorate shall explain the reason, requires supplementary investigation, it shall notify the public security organ at the same time. At the same time, "six authority", also cancelled review of arrest for supplementary investigation stage, provisions for the people's Procuratorate does not approve the arrest, the public security organs were not returned for supplementary investigation. In this case, the people's Procuratorate believes that the public security organ to the evidence is not up to the conditions of arrest, so the procuratorate shall make no arrest decision, and no supplemental investigation, therefore, the correct answer to this question isCItem.

 

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People v. Wang Wanxi, Shi Dongbo--China University of Political Science and Law associate professor of procedural law, the National Judges College Dr.,. The civil procedure law and arbitration law, has the rich teaching experience of the judicial examination.

Administrative law Xu Jingui--University of International Business and Economics, doctor of law. Judicial examination counseling expert. Administrative law, theory of profound knowledge, know the regularity of examination. Teaching emphasis, clarity of train of thought, with extremely strong specific aim. Good comparison, summarizes the administrative part of the law theory, knowledge, emphasize the legal principle, the organic combination with case, help students deeply understand the administrative law spirit, to master the examination decision, ability to raise test. Passion touched Scott classroom, sincere dedication achievement examinee dream.

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Civil lawZhong Xiuyong, Cao Xingming --China University of Political Science and Law, PhD of Civil & Commercial Law, the judicial examination counseling expert. In civil law, professional skills. Well versed in civil law and judicial examination proposition examination skills, teaching lively, clear, seize the key, clarifying the difficulties, have extremely strong specific aim.

The criminal lawChen Yongsheng, Yang Yanxia -- China University of Political Science and Law, home tutoring judicial examination. The science of criminal law. The solid theoretical foundation, familiar with the characteristics and rules of judicial examination, clear analysis of the problem from different angle, and the point of mastery of knowledge, to enable students to fully grasp the difference and connection between the key difficulty and knowledge point, form a complete knowledge system.

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Teaching point 1:The College of Hunan Normal University (Chinese police reserve officer training base)

Teaching point 2:Simulates the Court Law School of Hunan University of Commerce (Tongzi Road)

 

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