Judicial examination in 2013 in Hunan training

Changsha new start practicing everyday

The new criminal procedure law revised calendar year Zhenti answer

(Tel: 0731-86451234Registration address: Hunan Normal University College of a building room 128) 

First chapter An overview of the Criminal Procedure Law

[cases1(]2005-2-21) the following statements about the criminal litigation procedure justice meaning which is not correct?

A, participants in the proceedings can be fully and effectively participate in the proceedings

BIllegal procedure, can get relief

CCriminal procedure, can be observed               

DCriminal procedural verdict, accord with the truth                                                Answer.D

[cases2(]2012-2-22) about "Criminal Procedure Law" to "respect and ensure human rights, regulations on the protection of citizens' rights of the person, property rights, democratic rights and other rights", which of the following statements are true?

A.Embodies the people-oriented, safeguarding citizen's basic rights and freedom

B.The suspect, defendant supremacy

C.Embodies the substantive justice and procedural fairness concept

D.Embodies the justice, efficiency idea                                               Answer.A

[cases3(]2012-2-23) a found its own high-quality muskmelon is often stolen by night, doubt B. One night, a band fluorescence terrorist mask, suddenly call in B steal melons, B is frightened of insanity. A regret, undertake the ethylene treatment costs. The public security organs suspected negligently will a detention, B to the public security organs have understanding parents expressed a hope, not be a responsibility. In the public security organs under the auspices of the parents, B and a settlement agreement signed, the public security organs to transfer the case to the procuratorate and the lenient treatment recommendations. The socialist concept of the rule of law and the criminal procedure concept, which options consistent with this case?

A.We should give full play to judicial function, but to construct diversified mechanism to resolve disputes

B.Not only should adhere to the principle of equality before the law, but also take into account the special group of distinction

C.Not only to the pursuit of fairness and justice, but also the efficiency of litigation

D.Should attach great importance to the role of the constraint program, also should not ignore the substantial justice                              Answer.A

[cases4(]2012-2-64Code of criminal procedure) order value expression, which of the following statements is true?

A.The punishment of crimes and maintaining the social order

B.Shall be investigated for criminal activities must be orderly

C.Exercise criminal jurisdiction, must be subject to criminal procedure code

D.The higher the efficiency, and more conducive to the realization of order                                                Answer.ABC

The second chapter The basic principles of criminal proceedings

[cases1[]2007-2-36] procuratorate for suspected fraud prosecution of A. The court, the court found, a behavior belonging to the provisions of the criminal law"The custody of property of others illegally for himself and refuses to return"The embezzlement behavior. In this case, prosecutors refused to withdraw his prosecution, what kind of treatment method of the court is correct?                      

AThe court rejected the prosecution           BA decision to terminate the trial 

CSuch a verdict of not guilty       DIn a verdict of guilty of Embezzlement                              Answer.A

[cases2][2008-2-66] about not prosecuted for criminal liability according to law case, which of the following statements is true?

A.The suspect and the victim in a second stage of review and prosecution on the compensation agreement, B asked not to pursue a victim of criminal responsibility

B.A embezzlement case, the victim no prosecution 

C.A high crime plot slight, little harm to society

D.The suspect was captured at the white one died before Dutch act                                             Answer.BD

[cases3(]2009-2-30) procuratorate investigation of torture to extract confessions. The victim's father asked a compensation for funeral expenses and other economic losses. In the investigation, a sudden death due to illness. In this case, the procuratorate which of the following is true?

ATransferred to the court for trial, part of incidental civil lawsuit 

B, to withdraw the case

C, decided not to prosecute                       

D, decided not to prosecute the civil part made together with processing                                           Answer.B

[cases4(]2012-2-65The court of second instance) found in violation of "the court of first instance trial of criminal procedure law" provisions on public trial, avoidance, shall rescind the original judgment, remanded by the court for retrial. About the rules, which of the following statements is true?

AAt the division of responsibilities, cooperate with each other, the principle of mutual restraint

BStrict compliance with the statutory procedures. The requirement of the principle of

CIn violation of the statutory procedures. That serious, shall assume corresponding legal consequences

DThat procedure justice is of independent value                                                Answer.BCD

The third chapter    Specialized agencies and the proceedings in criminal litigation participants

[cases1(]2011-2-22On the legal agent) on the court, ruled that the right of appeal, which of the following statement is wrong?

ARight. Have independent legal representative high of a private prosecutor

B. Li Mou of the accused person's legal representative shall have the independent right of appeal

CThe independent right of appeal. The legal representative of Party A

DIncidental civil litigation. Wu's legal representative shall have the independent right of incidental civil part              Answer.ABD

[cases2(]2006-2-69The common feature about witness) and identification of human, which of the following statements is true?

AThe people outside 　　

BAt parties and the case or cases not interested

CCan not be replaced

D. have the obligation to appear in court for the prosecution and the defense asked                                             Answer.AD

[cases3(]2006-2-26A city)AThe district court accepted the theft cases together, because of the defendant and the court has kinship, City Intermediate People's court has referred the case to the specifiedBThe district court trial. For the case of all the materials,AThe district court in which of the following options?

　　 AShould returnADistrict People's Procuratorate   

BShall be directly transferredBThe District Court

CCan be directly transferredBThe District Court      

DThe intermediate people's court shall be handed overBThe District Court                                           Answer.A

The fourth chapter Tube  Jurisdiction

The first section  Filing jurisdiction

[cases1(]2008-2-23)On the "handle" of the case and the case of private prosecution, which one of the following options are correct?

A.Cases of private prosecution shall be handled only cases   

B.That case is a case of private prosecution

C.Tell the case and private prosecution case only, just saying different, the same meaning

D.Tell it doesn't matter between the case and the private prosecution cases before treatment two                                    Answer.B

[cases2(]2009-2-33)A case of private prosecution, which of the following statements are true?

ACourt mediation may be conducted             

B. if the parties prior to the pronouncement of a judgment, can be self reconciliation

C. the defendant may in the process of lawsuit filed a counterclaim 

DCan tell by the victim himself                                                        Answer.B

The second section  Trial jurisdiction

[cases3(]2011-2-23Jack of the United States and Hongkong residents) Zhao in the mainland possession of firearms, ammunition, police seizing guns, ammunition, Zhao violence obstruct public security personnel from carrying out their duties according to law. Which of the following statements is true?

AAll of the crime. The basic court trial, because the possession of firearms, ammunition and the crime of obstruction of official crime does not belong to be sentenced to life imprisonment or criminal cases

BJack by the criminal court trial, Zhao by the criminal court trial

CJack by the criminal court trial, Zhao by the intermediate court according to the specific circumstances of the case and decide whether or not to the grass-roots court trial

DAll of the crime. The intermediate court trial                                                 Answer.A

[cases4(]2008-2-21) Zhang, a person, China B ocean shipping company "dawn" cargo ship. "Dawn" sailing on the high seas, Zhang with another crew Lee quarrel the seriously wounded. The ship returned to Chinese C first berth port, Zhang took the opportunity to escape, was caught after Ding city. The case shall be made by a court to exercise the jurisdiction in which one of the following?

A.A court in the city of     B.Second city court     C.C City Court     D.Ding City Court                      Answer.C

The fifth chapter  Back to the To avoid

[cases1(]2011-2-24Kwak ()16Years old) and Luomou dispute, beaten injured, bring a private prosecution urged the court. The court, Luomou raised, judge Li Mouceng before a court in violation of the provisions and the private prosecutor father and sister met, requesting withdrawal, but Guo father and sister have denied it. The president of the court after a review of the decision to withdraw to lee. The following person has the right to request reconsideration decided to avoid?

AGuo An     BGuo Mou father    CGuo Mou sister     DLee

Answer.D. According to the supreme law "interpretation", but no answer

[cases2(]2006-2-24) Wang suspicion of revenge against crime investigation, found responsible for this case investigators Liu and his neighbors, the two had a dispute, then apply for Liu to avoid. For Liu's withdrawal who should decide?

AThe Public Security BureauBThe chief prosecutor   CThe president of the court      DThe procuratorial committee    Answer.B

[cases3(]2010-2-21A suspected crime of torture to extract confessions) was placed on file for investigation. In the case of investigation personnel Wang and the victim has close relatives on the grounds, to apply for withdrawal. In this regard, which one of the following options is wrong?

A. Wang can verbally presented voluntarily withdraw application

BMake such a decision. Previously, Wang can't stop the case investigation work

C. Wang avoidance by the public security organs to the person responsible for the decision

DIf a withdrawal application was rejected, a has the right to apply for reconsideration once                                   Answer.C

The sixth chapter  Defence and representation

[cases1(]2011-2-64)On the criminal suspect, the defendant has the right to defense principle, which of the following statements is true?

AIn any case, for any criminal suspects, defendants are not for any reason to restrict or deprive of the right to defense

B. the right to defense is suspect, the defendant's fundamental rights, the relevant authorities shall each suspect, the defendant to provide free legal help

CFor the protection of the right of defense, any authority for the suspect, the defendant to provide help defense obligations

D. defense should not only in form, but also should be the substantive significance                             Answer.AD

[cases2(]2008-2-27) according to the "law of criminal procedure", the following shall have the right to entrust agents ad litem?

A.The alleged rape of the defendant's father

B.The robbery victim's sister

C.The younger brother of incidental civil defendant in the case of injury

D.Abuse case prosecutor's younger sister                                                           Answer.B

[cases3(]2009-2-67The difference between the statutory agent) code of criminal procedure and litigation agent, which of the following statements is true?

AAt the statutory agent law or statutory procedures based on the production, litigation agent based on agent authorized to produce

B. legal agent right from the legal authorization, litigation agent rights derived from the entrustment agreement authorization

C. legal agent may violate is the agent will engage in lawsuits, lawsuit agent activities shall not be contrary to the agent's will

DThe statutory agent can be replaced by the agent. The case statement, litigation agent cannot replace the principal case    Answer.ABC

[cases4(]2012-2-24On the litigation agent) in the criminal procedure, which of the following statements is true?

A.The authority of an agent ad litem in accordance with the law and setting

B.Unless the law, litigation agent also enjoy the principal legal rights

C.An agent ad litem shall bear the obligations of the principal shall

D.An agent ad litem's job is to help the agent to exercise their litigation rights                                  Answer.D

[cases5(]2012-2-25) about the lawyer to in criminal litigation rights and obligations, which of the following statements is true?

A.In the period of investigation to verify the evidence of criminal suspects

B.Meet the suspect, the defendant, the understanding of the circumstances of the case

C.The collected evidence in favor of the suspect, shall inform the public security organ, the Procuratorate

D.Known in the practice activities of criminal suspects, defendants had to commit the crime, the judicial organ shall timely inform the       Answer.B

The seventh chapter  Punishment  Things Card  According to

The first section  The basic features of criminal evidence

[cases1] in investigating a burglary, Lao Zhang to investigators say:"I saw a tall1.70M or so people, open202Room door. I estimate that this man is my neighbor302Chamber of the pharaoh."

[cases2] Li's daughter was killed, the investigators said lee:"My daughter came to me, said she was her boyfriend."

[cases3Zhang was accused in]2004Years10Month9Day and night to pry the financial room of a unit, with a hammer smashed the safe burglary RMB2Million yuan. In order to prove Zhang the theft, the prosecution issued Zhang had to1991Years to take financial room of a hospital also means theft and sentenced to prison5Evidence of years. This evidence to determine the Zhang"Larceny"Do not have the evidence of relevance, because similar events (a person once a thief, not necessarily for the life of a thief).

[cases4] Lee was accused of compulsory indecency women, the prosecution to court: Lee usually morally corrupt, promiscuous relationships, material evidence and once prostitution. The evidence on which that Lee"The coercive indecency women sin"Do not have the evidence of relevance, because it is"Character evidence".

The second section  Types of criminal evidence

[cases5] to a letter at the crime scene to collect, reason is related to content and death to the victim, if it is proved that the cause of death of the victim with the letters, belongs to the documentary evidence; at the same time, if need to ascertain whether the letter written to the victim, the need for handwriting identification, it is proved by the facts of the case, then the letters it is evidence.

[cases6(]2010-2-23) court together bribery case, defendant Shi said investigators had admitted the facts of the crime of torture, and told by the specific time of torture. Procuratorial organs that interrogation procedures are legitimate, court play the interrogation of the audio and video, and submitted a written explanation. The types of evidence about the recording, which of the following statements are true?

AThe suspect's confession and exculpation   　       BAudio and video data  　    

CDocumentary evidence  　                        DThe evidence                                      Answer.B

[cases7(]2005-2-95City public security organs cracked) according to the image data of a gang shooting electronic surveillance system of shopping malls, money collection8Million yuan, and seized gold, silver jewelry andCDMachine, TV video tape stolen goods. The following statement is correct?

A, cash,CDMachine, jewelry belongs to the material evidence  

BImage data captured, electronic surveillance system belongs to the audio-visual materials

CTV, video of audiovisual materials

DData monitoring system, image shooting belongs to the records of inspection, TV video belongs to the audio-visual materials                Answer.AB

[cases8](2009-2-24)Zhang, Li Mou common robbery was arrested. Which of the following statement is Zhang witness testimony?

AI did attend the bank robbery                      B. Lee forced me to grab

C. Lee planned the whole robbery, grab the money he took a half  D. Lee in the robbery was killed Zhao    Answer.D

The third section     Criminal evidence collection, review, application and the exclusionary rule of illegally obtained evidence

[cases9(]2011-2-66)Which of the following evidence cannot have the specific situation as a basis?

A. audio-visual production time, place to have the objection, can not make a reasonable explanation, also do not provide the necessary proof

BIn doingDNAWhen detecting the materials submitted and comparison samples belong to the same source

CWitnesses at the scene of the crime to hear the defendant shout"Give him a severe look"State

DAt the suspect refuses to sign, stamped by the investigators indicated in the notes of the interrogation record            Answer.ABD

[cases10(]2012-2-42The testimony of a witness) a collection of procedures and methods are defective, explain the correction or later, can be used as evidence in the case, which of the following statements are true?

A.No individual is asking the witness

B.Interrogation record reflects at the same time, the same questions asked different witnesses

C.Ask the deaf shall provide translation and not provided

D.Without the check and verify the signature (Gai Zhang), a fingerprint on it                                  Answer.B

The fourth section The burden of proof and elimination phase application time and exclusion of illegal evidence

[cases11(]2012-2-67Exclusion of illegal evidence), which of the following statements is true? ()

A. exclusionary procedure, can according to the parties apply for start, can also be made of the court authority startup

B. application exclusion of illegal methods to collect evidence, shall provide relevant clues or materials

C. procuratorate shall on the legitimacy of the evidence collection proved

DOnly confirmed the existence of "Criminal Procedure Law" article54Provisions to illegal methods to collect evidence situation, can eliminate the evidence                                                                               Answer.ABC

The fifth section  Classification of criminal evidence

[cases12The public security organs in the investigation] Li Si murder, Zhang to investigators say:"I listen to my brother Zhang Er said, he saw Wang Wu with a knife cut down Li Si."Then Zhang testimony from the classification of evidence, evidence from both, and is the direct evidence.

[cases13] the murder scene to collect a knife, the knife is the primary evidence is circumstantial evidence.

[cases14](2008-2-74)Which of the following statements is physical evidence?

A.Murder on-the-spot examination transcripts

B.That embezzles corruption case in the books

C.That expert opinion mental state of rape victims

D.Prove the injury surveillance video process conditions in the case of injury                                     Answer.ABD

[cases15(]2011-2-25) Zhang forged, altered official documents, certificates, seals. Which of the following evidence not only belong to the verbal evidence, and belongs to the indirect evidence?

AFor forgery, alteration of official documents, certificates, seal equipment, tools

BForged, altered. The official documents, certificates, seals

C. Zhang on the implementation of forgery, falsification of the confession

D. expert opinion discriminant of official documents, certificates, seals                                         Answer.D

The sixth section The rules of criminal evidence

[cases16(]2011-2-26)"The witness speculation, commentary, inferential testimony, can not be used as evidence"Which of the following evidence rules, system requirements?

AHearsay evidence rules            BThe opinion evidence rule      

CRule of corroboration            DThe best evidence rule                                      Answer.B

[cases17[]2012-2-28Which one of the following options] shows that our country established the voluntary confession rule?

A.When the investigators suspect, can the audio or video recording of the interrogation process

B.No person shall be forced to prove himself to be guilty

C.After the arrest shall immediately be arrested people sent to the house of detention

D.Not to continuous summons way covert detention of criminal suspects and defendants                              Answer.B

The seventh section  The criminal litigation proof

[cases18(]2012-2-40) of corroborative evidence, which of the following statements is true?

A.Should have the evidence ability                   B.Can be corroboration from the same

C.A proof of the facts to be proved           D.Should be the material evidence or the evidence                    Answer.A

[cases19](2008-2-32)The following case can make guilty is one option?

　　 A.A confession of his rape of B, B denied, the case no other evidence

　　 B.A point B raped his firmly denied that the case, B, no other evidence

　　 C.A unit of capital30Million whereabouts unknown, accounting for the said, the Secretary said accounting with no other evidence, the case

　D.A second two people did not seek, their ambush, almost at the same time to shoot a bullet out C, C body, and confessed their crime pleaded guilty, but the evidence is difficult to ascertain the gun exactly is who                                      Answer.D

The eighth chapter  Coercive measures

The second section   Summon

[cases1(]2012-2-66About compulsory summon), which of the following statements is true?

A.To found at the scene of the crime suspect, by working to produce documents can be oral subpoena, and indicate in the record

B.Summon duration shall not exceed12Hours

C.The case particularly heavy, complicated, need to take the measure of arrest, detention, arrest duration shall not exceed24Hours

D.For its criminal suspects, continuous interrogation24Hours                                 Answer.BC

The third section Bail

[An example2(]2010-2-68The defendant by the court decision) on bail shall comply with the legal obligations in the release on bail, which of the following statements is true?

A. shall not be allowed to leave the living city, county without court approval       BShall not be approved. Without executing organs to meet with others  　

CIn the time to communications                     D. not to interfere in any form of witness      Answer.CD

The fourth section  Residential surveillance

[cases3(]2012-2-68In line with the conditions of arrest), can be applied to residential surveillance measures on which of the following?

AA disease, the life cannot provide for oneself                  BB breast-feeding their babies

C. the only supporter C, life can not take care of the people              DDing is deaf               Answer.ABC

The fifth section  Detention

[cases4(]2012-2-29) a suspicion of the crime of the underworld organization,10Month5On the morning of10When a criminal detention. Which of the following disposal is illegal?

A.A month6On the morning of10Before being sent to the house of detention

B.A suspicion of the crime of the underworld organization, due to notify the family to further investigation, decided not to notice

C.A month in6Before the day was sent to the house of detention, public security organs was questioned on the

D.After the interrogation, found a need to arrest, the8To the procuratorate for examination and approval                          Answer.B

[cases5[]2007-2-68] in the investigation, which of the following circumstances,'s Procuratorate has the right of criminal suspects arrested decided?

AZhang torture to extract confessions. The case, the presence of people identified as having committed a crime

BYao a live act. Because, in the release on bail to Dutch act

CThe king of a corruption case, destruction of evidence in the release on bail and collusion

DHigh a bribery case, found money, stolen goods in the home                                         [Answer.BC

The sixth section Arrest

[cases6(]2012-2-26) Procuratorate's examination and approval of arrest, in which one of the following situations shall interrogate the criminal suspect?

A.Defense lawyers request               B.The suspect asked prosecutors to statement

C.The suspect requests to meet with a lawyer         D.The common crime                             Answer.B[cases7[]2007-2-28] in the trial stage, the court that the accused man was destroying evidence, decided to arrest moujia. About the arrest procedures, which of the following statements are true?

AThe court can arrest

BRemote execution of arrest., can be administered by the local public security organ

C. execution of arrest, shall be made by the court in charge of the interrogation of a

DImplementation after the arrest, by the public security organs shall be responsible for the family of the arrested person or the unit to inform                  Answer.C

The ninth chapter Incidental civil action

[cases1[]2007-2-69] on the court of the incidental civil lawsuit, which of the following statements is true?

A. criminals illegal disposal of the property and the suffered material losses, the victim may file an incidental civil action

BFor property damage. By criminals has suffered material losses, the victim may file an incidental civil action

CIn accordance with the law. After the verdict, the defendant has no property available for enforcement, shall order the suspension or termination of execution

DAt the defendant has compensation for the victim's material loss, the court can be considered as the circumstances of sentencing              Answer.BCD

[cases2(]2012-2-30) with preservation measures about civil case procedure, which of the following statements is true?

A.The people's court shall adopt measures for the preservation of

B.Plaintiff of the supplementary civil action and the procuratorate can apply to the court for the preservation measures

C.The preservation measures, not subject to "the provisions of the civil procedure law" restrictions

D.The scope of property preservation is not limited to the criminal suspect, the defendant's property or the property related to the case             Answer.B

The tenth chapter   During the service

[cases1[]2011-2-29Calculation of the period], which of the following statements is true?

AFor defendants and to suspend the trial period, included in the trial period

BReview of prosecution case court deadline, not included in the trial period

CThe defendant asked the court to be specified. The defense lawyer, since the collegial panel agreed and announced the postponement of the hearing date to the10Date to defend the time, included in the trial period

DBecause of the parties and the defenders. Apply for and obtain new evidences and deferred trial period, not included in the trial period

Answer.BC.According to the new judicial interpretation, review of the prosecution case court deadline, not included in the trial period.