Comprehensive exercises

A, noun explanation

1, constitution of a crime       

2 Object of a crime   

3,The similar object   

4The direct object 

5The subject of the crime   

6The age of criminal responsibility 

7The capacity of criminal responsibility      

8, direct intention     

9, indirect intent   

10, negligence   

11, negligence   

12, overconfident negligence   

13, justifiable defense    

14, attempted crime    

15, discontinuance of crime  

16, joint crime 

17,  

18, instigator     

19The imaginative joinder of offenses    

20, implicated offense    

21In prison     

22, recidivism     

23The general recidivism  

24Surrender    

25The combined punishment for several crimes 

26, probation 

27, commutation   

28, parole     

29, aging    

30Pardon

 Two, Multiple choice questions

1A systemACitizens, one summer a in China's tourism, by China civil aviation international flight toAChina, in flight a because the lock and adjacent to sit B (Chinese citizens) quarrel, a B seriously wounded, on a should press (   ). 

(1Criminal treatment)     (2The criminal law in China)    

(3The plane landed in criminal law) initial treatment

(4) either byAChina can also be processed according to the criminal law of our country

2With the neighbor5Year old child B go swimming in the river,Because there is no take good care of the children, and finally B died in the river drowned. A will be not as the criminal responsibility. A the sources of obligation of negative crime is (   ).

(1) the provisions of law              (2) job or business requirements

(3) the duty caused by legal act         (4) the duty caused by previous behavior

3According to the provisions of the criminal law. "", is full14With the age of16Years of age, with the following (   The crime of criminal responsibility).

(1) theft  (2) making drugs  (3) rape (4) the damaged transport

4Nail in13Old age of robbery value2000Yuan of goods, in15Old age of robbery value8500Yuan of goods, in17Years of age and rob value4000Element of goods. In investigating criminal responsibility of the armor, calculate the amount should be (robbery   ).

1.14500Element    2.12500Element      3.9500Element   4.4000Element

5Nail in1984Years3Month5(born on, to   It is full)14Years of age.

1.1998Years3Month4Day              2.1998Years3Month5Day

3.1998Years3Month6Day              4.1997Years3Month5Day

6A thought shot B, a night while B on his way home, a small fire compartment. Because the light is not good, the distance, a shooting technique is not very good, so he can shoot B does not hold, but he didn't want to miss this opportunity, and carried out the shooting behavior in this psychological domination. Subjective psychological attitude is (a   ).

(1) direct intention                      (2) the indirect intent

(3) negligence                 (4) overconfident negligence

7A gun to kill B to B, shooting, the first shot missed, in can continue to shoot down a B, no fire, stop shooting. A behavior is a (   ).

(1) attempted crime          (2) the discontinuance of crime   (3) the accomplishment of a crime   (4) preparation for a crime

8A one night jump into a female villagers, attempted rape, into the house, which stood at the window, with a screwdriver to pry the window, in which a window opened on the occasion, the sleeping woman woke up, he turned on the light, shout"To catch the bad guy"A look at the lights, the women, was her primary school classmates, feel"Cannot help feeling rather embarrassed"Then he turned and ran. Belongs to a behavior:

(1) preparation for a crime                    (2) attempted crime

(3) the discontinuance of crime                      4.Does not constitute a crime

9Doctor a careless driving the wrong prescription, pharmacy B did not check, error according to the wrong prescription medicine, death to the baby after medication. The A, B behavior (     ).

(1) in treatment of common crime     (2) respectively     

    (3) belongs to the accident

10Piled up near a wood. Deliberate theft workshop, namely cheat B said he bought the wood, to borrow a car to go and help to B, B to believe firmly, promised to help. Then, a, B common loading, the wood back. Which B behavior:

(1) does not constitute a crime           (2) help offender          4.Crime of concealing the

11A, B two people conspiracy to rob, after preliminary investigation, while the third husband out of the machine, the evening into C home. After entering the house, B will C and to an empty room to watch, a into the other room to collect the money. When B in the C, see no intention, projections, then C rape. The act of rape (   ).

(1) are jointly responsible for the A and B, two      

(2) are jointly responsible for the A and B, two people, but for a should be punished leniently

(3) by Otsuichi          4.Jointly responsible for the A and B two people, are the principal

12Firearms and ammunition storehouse. A to rob forces, with a knife into the master key warehouse B, forcing it to hand over the keys. A

Use the key to open the firearms and ammunition room, took some guns and ammunition. (b belongs to   ).

(1) an accessory             (2) the coerced offender      (3) does not constitute a crime 4.B constitute the crime of Malfeasance

13A solicitation B theft, two people made the plan, and prepare the tools. Ethylene was found when the theft is in flight. The case is (   ).

(1) a joint crime    

(2) a B does not constitute a crime, constitute the crime of theft (attempted)  

(3) a instigation crime does not constitute a crime, B  4.Party A and Party B does not constitute a crime

14In order to force the debtor to repay a B, B in the basement of a week, belongs to a behavior ( ).

(1) continuous offence      (2) continue to make   3 Xu Hangfan      4.Combination of crime

15A for the killing of B, B will explosives on the bed, and detonated charge at night, resulting in B were killed, while home3Wounded, B and the neighbor houses were destroyed. The nail should (   ).

  (1) to the crime of intentional homicide and explosive crimes

  (2) from a heavy penalty, system of means behavior and purpose behavior implicated

   (3From a heavy penalty), Department of the imaginative joinder of offenses

   4.To make

16A for committing a crime, to1987Years4Month2Japan arrested by public security organs.1987Years6Month10Day, the court sentenced him to prison4Years, additional deprivation of political rights3Years. A in a prison during the execution of a parole. On a deprivation of political rights to start the computation time is:

1.1987Years4Month2Day                 2.1991Years4Month2Day

(3)1987Years6Month10Day                    4 1991Years 6On 10Day

17. Zhang was sentenced to convicted of rape9Years in prison, in the execution of punishment5Years later, found in the rape and robbery, shall be sentenced to10Years in prison. So Zhang also need to be executed shall is the highest:

1.19Years     2.15Years        (3)14Years      4 10Years

18A former was sentenced to15Years, execution12Years, and new crime, sentenced to14Years. For a combined punishment for several crimes, limit its practical implementation date for:

1.17Years      2.20Years       (3)27Years      4 29Years

19A guilty of a crime, the crime is the maximum statutory penalty7Years, in accordance with the provisions of the criminal law, the prosecution period it is:

(1)20Years  2.15Years        (3).10Years           4 5Years

   20. winter one, explosive working man mistakenly believe that the one with the detonator aluminum box is the colleague's lunch box, put the heating on the stove, so that the explosion accident, one of explosion accidents, in the subjective aspect is(  ).

 1.Careless negligence 2.Overconfident negligence 3.Indirect intent 4.The accident

    21 according to the provisions of the criminal law of China, negligence(   )To constitute the crime, otherwise cannot constitute a crime.

    (1Only the consequences) 2.Only by the consequences 3.Only causes serious consequences

    (4) causing serious consequences, and the law

    22. A and B have a desire to kill, B, and C as B kill mistake. On the nail(  ).

   1.Should be combined punishment for several crimes, the B to C is attempted murder, intentional homicide crime

   2.Should be attempted murder, for a pair of C's death has no subjective intent

   3.Joinder of punishments for plural crimes, the B to C is attempted murder, manslaughter

   4.Just a murder

   23A premeditated murder. B, one night to sneak into the one yard, see the corner there is a shadow, think B, gun, and later found dead not B, a head of cattle but B, on a deal(   ).

   1.According to the attempted murder processing  2.According to preliminary processing of intentional homicide

   3.If the circumstances are serious and killed livestock, according to the deliberate destruction of public or private property crime

   24The intention of poison. D B, mistakenly sugar as arsenic Mix B have food to eat, after eating All is well. B. In this case, a behavior(   ).

 1.Does not constitute a crime 2.Belongs to the accident 3.Preparation of voluntary manslaughter 4.Attempted murder

   25A railway switchman, in shunting operation is completed, due to careless not line switch recovery location, so that after a train into different lines, and other motorcycle collision accidents, a mental attitude is(  ).

1.Direct intention 2.Negligence 3.Overconfident negligence  4.Indirect intent

   26. a driving a stolen gasoline tanker rushed to a passenger train is coming, one sees a shot with a rifle, tank car over the roadside ditch in an explosion destroyed, B behavior(    ).

  ( 1)Just Cause 2.The emergency 3.Excessive defense 4.Excessive refuge

   27A day night shift workers. Through a quiet lane in the lane, he met the young men rushed out into the heart attack father call the ambulance. The workers think that young man rushed to their rogue, the young man stabbed out a fruit knife carried in an emergency, the behavior of the women is(    ).

   1.Just Cause  2.The defense is not timely 3.Imaginary defense 4.Excessive defense

   28A college road to see a rogue is forced to hug kiss a girl students in middle school, then took out a fruit knife stabbed to carry to the rogue thigh, results in the aorta, bleed to death. The college students' behavior(  ).

 1.Just Cause 2.The defense is not timely 3.Imaginary defense 4.Excessive defense

   29The criminal victim. To take a dose of poison and ran away, soon regret it, back to rescue, found the victim has been neighbors rushed to hospital out of danger. According to the criminal(   )Handle.

 1.The discontinuance of crime 2.The accomplishment of a crime 3.Attempted crime 4.Does not constitute a crime

   30Sneak into a financial room. Zhang, open a look, money already mentioned, went away disappointed, his behavior is(   ).

 1.The accomplishment of a crime 2.Attempted crime 3.The discontinuance of crime 4.Does not constitute a crime

   31At a mean to B on theft, B did not go to the theft of a taught according to the method, a behavior is(    ).

 1.The accomplishment of a crime 2.Attempted crime 3.The discontinuance of crime 4.Preparation for a crime

   32A hobby is swimming, and high technology, a day, a voice called to help B learn swimming, B gladly promise. A and B to the river to swim in deep water, ethylene has just learned to swim, a abandon them, alone swim back to the river, unable to swim back to B, danger state be drowned, Alice can rescue has not to rescue the drowning, B. At this time, standing watch on the banks of a river, swimming is very good, can be timely rescue B, but C didn't know a B two people, not jumped into the river to save. In this case, a and B behavior(    ).

   1.A common criminal 2.A act constitutes a crime, the act does not constitute a crime of propylene

   3.Does not constitute a crime 4.Should be dealt with crime of intentional killing

   33A solicitation of B to kill the propylene, ethylene receive instigation, for fear of punishment punishment, not to kill C. In this case, a and B, behavior(   ).

1.Joint crime of homicide

2.B innocence, a separate criminal responsibility of abetting manslaughter

   3.Does not constitute a crime       4.All innocent

   34. Yang and Zhang deep grudges, Zhang Yang revenge. One day, Yang knew that Zhang a person at home, they carry a dagger to kill Zhang zhang. On the way, Yang suddenly abdominal pain, return to their own. Yang acts(     ).

   1.The discontinuance of crime 2.Preparation for a crime 3.Attempted crime 4.Non crime

   35A forged letter. An organ and city account dedicated seal, fraud to want to enter the person, is deceived RMB3000Yu Yuan, to a people's court to the crime of fraud behavior of conviction and sentencing, this is because a behavior is(  ).

    1.Combination of crime 2.The absorbable offense 3.Implicated offense 4.The imaginative joinder of offenses

   36He has a personal grudge. Zhang and Zhang, Hemou family to kill. One evening, Zhang body with grenades and machetes burst into any home, to see what the hand grenade was thrown back, to where, after the explosion, a knife stabbed Dr wife, Dr wife fainted, and stabbed her daughter. Results to what death, what a wife, daughter injured. Zhang's act is(   ).

   1.Should be an intentional homicide and two of the crime of intentional injury 2.Is the imaginative joinder of offenses

   3.Belongs to the implicated offense   4.To make the crime of intentional homicide, should be severely punished

   37. a criminal whose sentence is suspended, during the probation period, if(   ), the suspension shall be revoked.

1.To commit new crimes 2.By the administrative punishment  3.Performance is not good  4.There are generally illegal behavior.

    38A is a family of theft, he suddenly heard a noise outside the door, that to the people, he quickly escape, not stolen property. The actual time and the future, is the wind blowing the door. Belongs to a behavior(   ).

   1.The accident 2.The discontinuance of crime 3.Preparation for a crime 4.Attempted crime

   39. Zhao was sentenced to15Years of additional deprivation of political rights3Years, so Zhao actual deprived of political rights(  ).

   1 15Years 2 18Years 3 3Years (4)12Years

   40The king of the crime of embezzlement in one1976Years3Month sentence13Years,1986Years4Month on parole,1989Years6Months and guilty of espionage. The behavior of Wang(   ).

   1.The recidivist 2.Constitute Recidivists 3.Constitute the crime of endangering national security recidivism 4.Do not constitute recidivism

   41The provisions concerning the retroactivity of criminal law the principle is(    ).

    1.From the old principle 2.The doctrine of 3.From the new principle

   42The spatial effect of Criminal Law refers to(   ).

   1.Territorial scope of application of criminal law 2.Scope of application of criminal law of the people's

   3.Scope of application of criminal law on the regional or people4.The criminal law on the regional and the scope of application

   43. provisions of our criminal law on international treaties concluded or acceded to by China, our obligations within the scope of the crime, the space effect(   ).

   1.Principle of personal jurisdiction  2.The principle of universal jurisdiction  3.The principle of self-defence (4) the principle of territoriality

   44The king of the crime of embezzlement in one1976Years3Month sentence13Years,1986Years4Month on parole,1989Years6Months and guilty of espionage. The behavior of Wang(   ).

1.The recidivist 2.Constitute Recidivists 3.Constitute the crime of endangering national security recidivism

 4.Do not constitute recidivism

   45Man in1989Years1Month committed the crime of intentional injury(Minor injuries, the highest legal punishment for a period of only three years)Not, shall be investigated for criminal responsibility.1992Years12A month, and crime of theft(General theft, maximum statutory penalty for a period of five years). The man committed two crimes when effect in(   )Expire.

   1 1994Years1Month,1997Years12Month  2 1994Years1Month,2002Years12Month

   3 1997Years12Month,2002Years12Month 4 1997Years12Month,1997Years12Month

Two. Judge

1At a public Chinese school study abroad students Liu in the studying abroad, theft of property of others, amounting to10Million U.

Yuan of Liu, shall be treated according to the criminal law.  (       )

2A country of Western Europe. An ocean going ship in a port of our country park, aAThe crew of a killed another

BThe crew of a B, can be applied to the criminal law of our country. (       )

3The doctor. Let not the knowledge of nurses to patients injected with poison, the doctor is concerned, is not as a crime. (   )

4To solve the causality in criminal law, has established the objective basis of behavior person criminally responsible for specific harm results, solved the problem of criminal responsibility is actually equal to. (      )

5A B to B scolded, because angry and died of a heart attack. The death of a behavior B no causality, because a don't know B had heart disease. (      )

6In the jungle. The hunter shot a wild boar, wild boar injured galloped down the hill, killed in the mountains on the road to the child, the hunter to the child's death is a careless negligence in subjectivity. (       )

7The thief steal. In the dark, in order to identify stolen goods and strike a match, resulting in a fire. Because the match's conduct was willful, therefore, the thief was deliberately caused by fire their mental attitude. (      )

8A desire to kill B, the highly toxic pesticide input B food, when a see B just eat a small amount of toxic food, suddenly wake up, immediately rushed to the hospital B, but the doctor to rescue, B still poisoning death. A not effectively prevent the occurrence of crime, so for a crime should be treated. (     )

9. a theft crime is theft group,The group is one of the member in a process of stolen property and the implementation of the rape,The group's primary points and armour should bear criminal responsibility for rape,The other members of the group do not bear criminal responsibility for rape. (       )

10In a case of joint crime, there can be only one principal, but may have multiple accessory. ()

11The theft crime points. After stealing others color TV, the TV in the hidden in their homes for a month, this situation is to make. (       )

12.. A playing gun accidentally discharged, killing B B, shot through the body, and the third seriously wounded. A behavior is implicated offense. (       )

13A is a state-owned enterprise accounting, he has divided three times to embezzle funds ten thousand yuan, the first, second are4000Yuan, third2000Element. A behavior is a continuous offence. (        )

14A rape in B, in order to kill and kill the B. A behavior is implicated offense. (       )

15At the time the crime is committed18Old people can't be executed immediately, but can be applied to death sentence2Years of implementation. (       )

16The combined punishment for several crimes. In the criminal law of our country is to take the limitative aggravation principle. (       )

17A theft of property8000Yuan was sentenced to2Years, execution1When a year, before the judgment is pronounced, stole a color TV set (value7000Yuan). The nail should rescind the original judgment, the theft15000Element shall be given a heavier punishment. (   )

18Use"The first reduction and"Method of punishment, criminal execution of the prison sentence may exceed20Years. (      )

19A rape and sentenced to14Years, execution8Years, armor and beatings in prison prison room prisoner B, and died from injuries induced by ethylene, constitute a crime of intentional injury (to death), the court sentenced him to prison15Years, two crimes, and execution in prison21Years. The judgment is correct. (     )

20Because of sin. A seriously injured was sentenced to2Years, with2Years. A verdict of the first trial court of appeal, the trial court, upheld the. The probation period shall be a trial calculation will determine the date of. ()

21Wang theft of property of others12000Element, the court in her conviction, considering that Wang Mouyouyun in the body, was sentenced to prison3Years of probation5Years. (      )

22The recidivism not released on parole. (      )

23. life imprisonment, the probation period for10Years or above. (       )

24. sentenced to criminal division, carry out the original sentence1/2Above, was sentenced to life imprisonment, criminal division, the actual execution10Years, can apply for parole. But if the crime points in prison have great inventions or outstanding meritorious performance, or crime of has been the basic loss of mobility, and repent, was paroled after not harm to society, can not subject to the restrictions relating to the term executed. (       )

25At the maximum prescribed punishment is life imprisonment or death,The limitation period for20Years,If20That must be prosecuted years later,Must be submitted to the Supreme People's court for approval. (       )

26Nail in1990Years1Month15On the implementation of the killings, with a knife and stabbed the victim's head and chest a few knives, the victim being sent to hospital, but because of the wound. Overweight, to1990Years2Month10Japanese rescue invalid death. For a period of limitation from1990Years2Month10Calculation date. (       )

27Armor from1990Years4Month1To30A total of illegal and others30Days, the period for prosecution of the victims should lift the detention is the date of1990Years4Month30Calculation date. (       )

28. implicated offense and combination of crimes, are several behavior, and several behavior have the constitutive elements of crime. (      )

29The trial at the time18People and pregnant women age, the application of the death penalty. (       )

30Wang (15Zhou Sui and Zhang ()17Zhou Sui) one day together in the Department Store theft TV a (value3000Yuan), Wang, Zhang should not to be punished as a joint crime. (       )

     Four, short answer questions

   1. the relation and the difference between crime object and crime object.

   2. what is not as a crime? Not as to constitute a crime conditions which to have?

   3What is the crime of intentionally? Direct and indirect intentional what is the difference?

   4What is the difference between. Indirect intention and negligence of over confidence?

   5What is an accident? It with careless what is the difference?

   6What is the justifiable defense? Justifiable defence must have what conditions?

   7 The similarities and differences between the. Justifiable defense and emergency hedge.

   8What is the crime? What are the basic characteristics of crime?

   9What is the concept of discontinuation of crime. And the establishment of conditions? Of the discontinuation of crime should be how to deal with?

   10The concept of the joint crime. And the conditions of establishment.

   11What is the principal. The concept and the principal punishment?

   12What is the instigator? The instigator punishment?

   13What is the concept of the imaginative joinder of offenses and the establishment of conditions?

   14. introduces the concept of continuous offence and essentials.

   15The concept of implicated offense. Try the and elements.

   16What is the establishment of conditions. General recidivism? Recidivist should be how to punish?

   17The concept of the surrender. And the establishment of conditions and to do processing principle.

   18What is the object. The application of probation and conditions?

   19What is the application of parole. The object and conditions?

   20Not as a specific source of duty crime. In what aspects?

     Five, case analysis

   1A wife. B alone at home to sleep, night12PM, a third village will house open to rape. B does not allow, C threat: if not agreed that the use of violence to death B. B pretend promise to climb from the Kang, Kang in the sewing basket hold big scissors towards to implementation of a C rape stabbed two times, jumping to the neighbor's house. The next morning, a home door fence lay a corpse to see, to find his wife inquire after, then to the Public Security Bureau of township government office.

    Analysis: the B stabbed a C behavior should be how qualitative? Explain the reason.

 2At the defendant Tong Wu, male,25Years old.

   1987Years, the defendant Tong Wu and his brother Tong Wen28Years old)Often family quarrel, Tongwen to brother home, many times to take violent means by the defendant, there is also a knife to the hand face pierce.1988Years6Month, two brothers and conflict, neighbors have repeatedly exhortation is invalid.9Month15On the morning of10Tong Wen with a hammer, a defendant, into the living room, a quarrel, the defendant's wife week*To engage in a quarrel, Tongwen a week*Down to the ground. Continue to beat, the defendant Wuchong to Zhou Tong*Before retaining, Tong Wen raised the hammer to call Tong Wu head, Tong Wu escaped. Tong Wen to weeks for hammer*To play, Tong Wu see potential bad, anxious to hold a stick to Tongwen hit to the head, it down. Tong Wen fell to the ground, also played a week*Foot, Tong Wu couple pressure in Tongwen body, and with a cloth will Tongwen hands tied. Tong Wen fainted, Tong Wu went to a police station to report to. Tong Wen has been broken due to the head, excessive bleeding, rescue invalid died the next day.

    In this case the defendant Tong Wu's actions, there are two views, one view, the acts of defendant Tong Wu is justifiable defence, and he shall not bear criminal responsibility; another view, the acts of defendant Tong Wu defensive, already constitute intentional injury(Causing death)Crime, shall be investigated for criminal responsibility according to law.

    Please analyze: are the acts of defendant Tong Wu what is the nature of the behavior? Why?

 3The defendant Xu*, male,26Years old.

    The defendant Xu*Guilty of crime of habitual theft, in1975Years1Month8Executed in prison8Years,1980Years8Month1Day parole.1983Years9Month5Evening, Xu*In Station Street near a branch, met a single passenger, the knife will the passengers one with soil products travel bag and cash160Yuan. Then fled the scene. The next morning, when Xu*Will the looting of native products back to the free market sales by the public security authorities seized detained, after being arrested for robbery.

    Please analyze: Xu*Whether acts constitute recidivism? Why? What should I do?

 4The defendant Wei* *, male45Years old, temporary workers. Once two times for fraud sentenced.1982Years6Month13Date of release.

   1983Years 4On 15DayTo 18Day every afternoon4At7, Wei* *On three consecutive days to the people's Bank* *Center branch office followed to the bank payment paid more than women, waiting for an opportunity to use bricks wounded after payment member rob, because near the site of a person on duty patrol, did not dare to start. After the public security officers seized.* *The people's court according to the "criminal law" article20Article, article61Article, article150The provisions of article, that the defendant Wei* *Acts constitute attempted robbery crime, and belongs to the recidivist, severely sentenced Wei* *Fixed-term imprisonment7Years.

    Please analyze: the defendant Wei* *What is the nature of the behavior? What should I do? Why?

 5The defendant Zhu* *, male,31Years old, workers.

   1982Years3January9Month, the defendant Zhu* *And women's Zhang*Multiple adultery. Zhang*Neighbor Lee*Husband and wife informed, Lee's wife, which advised Zhang*And the defendant to break off, Zhang did not listen, said:"You tube tube yourself, not others."Li Qi wronged, inform Li*Li*To report a*Husband. Since then, Zhang*Husband to the defendant Zhu* *And Zhang*The relationship between the strict attention, once the defendant said:"Get down, carefully break leg."The defendant from Zhang*Mouth know Lee*Couples"Thing"Zhang told the*Her husband is a grudge, threatened to teach Li*, to call Li*Couples face"Ugly("The damage face).10Month4Evening, the defendant heard Li*The couple went to the theatre, a knife hidden in the Li*Husband and wife home way. When Lee*Husband and wife after the play is home, the defendant is by its not being, with a knife to cut Lee*A knife, and then to Li Qi facial stab stab, left, the defendant to the right face thorn, Li Qi escape fell on the ground, head hit a sharp rock, resulting in intracranial hemorrhage, rescue invalid, died the next day. Lee*The right arm was cut, wound length15Cm, deep and arm bone.

    Please analyze: the defendant Zhu* *The act of what? What should I do? Why?

  6Defendant: Ali Mulla Dov.He Mili.Haji--Alegre,Male,The33Years old,The former Soviet Union,Department of the CO pilot.

1985Years12Month19DayThe defendant, Alegre and captain Abu ramian.Dimension.Xie, unit staff,Drive47845No.-24Type of aircraft,The implementation of the Yakutsk Civil Aviation Authority101 / 435The flight mission. Defendant Alegre when boarding, will be prepared in advance a closed long123A folding knife mm and a weight2.8Strip steel block kg into the cockpit. Beijing time7When the30Xu, the passenger38One, from Yakutsk to Irkutsk.12When the30Xu, the flight to Tokyo118Degree06Divided00Second, the latitude52Degree40Divided00Second above, the defendant Alegre navigator toilet on the machine, to the mechanical fault occurs on the grounds, the mechanic cheated out of the cockpit, then lock the cockpit door, autopilot twist, knife threat aircraft captain said:"Behave yourself, or I kill you". The captain immediately use pedal to the alarm signal. Defendant Alegre after that, namely the bullying captain close signal. The captain was forced to change the course of the people's Republic of China, fly my airspace. The Beijing times14When the30Xu, the plane landed in Gannan County of Heilongjiang Province in the our Gang Xiang.

Q: the defendant Alegre whether it can be applied in criminal law in China? What is the legal basis?

7. Ding four defendants are adult men. One day, they drink together, a proposal to the riverside of cargo theft, B, C, D agreed. A and B to dispatch daggers and bicycle, Ding to spy on the crime of terrain. After nightfall, accused Kooto Mi together, by Ding lead to one with the export of clothing on a cargo ship, stolen value3000Yuan cloth. Second days, a to B to C to sell dirty, B find C, C said repeatedly not to do, say b:"Embarkation easily put it, not to take care of your dog's life."C as it cannot be helped, and stolen goods sold, the proceeds from the four bisector.

   Analysis.1In this case, Ding their position?

         2 Division of intentional crime, from their formation time, belongs to the common crime which one?

 

 8． A and B two(B is labor release personnel)Premeditated theft of a unit, and about a not full16Third brother year old. C in the sentry, and two in stolen recorder2Table, video tape20Disc. B from indoor and out, armor and indoor open desk drawer, stolen camera. A in order to destroy the scene, the stove is energized in the desk drawer, and then jump out the window, and the second says: I put the plug in the. Yi Wei silent, return to dormitory, a proposed to have a look the fire scene without. Then B that electric stove to arson, the site has been on fire. Later, three people Todin stolen goods seized by the public security organ. Ding confession the recorder is a steal to let him sell, see things, few dew to the unit leadership confessed all the crimes.

   Analysis.1, in this case, whether a yibingding four common crime?

         2To them, how to convict?

         3The provisions of the criminal law, the existence of the heavier, lighter or mitigated punishment or be exempted from punishment plot?

9. the defendant Zhang, male,23Years old, farmers, one that neighbor, leaving only a daughter16Years old)At home to watch the house, then, the evil. Same evening11When the left and right sides, Zhang through a window into the neighborhood, attempted to rape. When Zhang quietly towards the bed to go to, unexpectedly the play rang on the ground in the basin, the victim will be awakened, the victim immediately pull lighting and drinking:"Who?"Zhang see was found, which he turned away.

    Q: what Zhang's behavior belongs to the attempted crime, should be how to punish?

 10．11Zhang's wife and Lee and Liu Mouceng had an adulterous relationship, after Lee refused and Liu exchanges, Liu is still often

To Li Jia entanglement, was Zhang seize beaten, and repeatedly warned Liu Moujun to be of no avail. So, Zhang, Li two people discuss, such as Liu again, its legs. A day night, Liu went to Lee, Lee heard the door ring, Zhang wake, Zhang immediately into the hall with a shovel out the door, saw Liu Duo in the east room corner, suddenly anger, produce Liu killed. Immediately lift the spade head toward Liu was number. When Liu want to escape, Lee took the pole arrived, and Zhang together in the legs, buttocks down Liu, Liu down, until Liu could not move it. Zhang then go to the police station to surrender. After Liu was carried home, the next day6When the death.

After the forensic identification, the cause of death is caused by severe contusion and laceration of brain.

Please analyze: Lee and Zhang constitute the crime of intentional homicide?

   11. Fu Wang and unmarried female Lee long adultery, in order to achieve the purpose of marriage with a B, Wang decided to kill his wife. One day somebody secretly put the rubber strip home television, electric fan plug near the on the wire, the wire is exposed, so that his wife was electrocuted when in use. However, five days later, his wife didn't use plug, the accident did not happen. During this period, Wang Mou heart very fear, also have to repent, and finally to strip the rubber wire to wrap, and effectively prevent the electric shock accident.

   Analysis: on the behavior of Wang how qualitative? What kind of crime? Explain the reason.

 12. Zheng, male,24Years old, staff personnel of a Petroleum Administration bureau. The victim of a pan, male,22Years old, my colleagues and the defendant. Zheng, pan duo to1992The summer after graduation from the university to stone canal bureau of personnel work, and shared a dorm, daily two people live in harmony.1993Years"Five one"During the festival, Chung at the wedding feast, wide, friends and family dinner, pan free invited. During the dinner, the groom and bride Zheng Jing pan with a cup of wine, the pan for the drinker, drink only half cup, said it is very good drinker, chat you can; but Zheng think only drink half a cup of wine is intended to give up halfway, so, Zheng resolutely let pan drink this a cup of wine, Pan Rengjian would say, and want to turn left. Zheng think this is mean to remove your table, cursed, finger pan nose pan unbearable, it came with Zheng tussle, Zheng as a pan or a bitter blow. After being apart, pan was pulled out of the hotel door colleagues suddenly collapsed, the hospital rescue invalid death. Procuratorial organs were deliberately hurt(Lethal)Crime prosecution to the court. Forensic identification:1.There are a lot of fat dead near the heart, heart function is not strong; in some special conditions, can lead to cardiac dysfunction, cause heart failure and death;2.The epidermis only three minor bruises.

Trial analysis:

1Zheng, constitute the crime of intentional injury? What is the legal basis?

2Zheng Mouruo, do not constitute a crime, what is the reason?

  13. the defendant Li Mou, female,57Years old, farmers from a remote mountainous area, illiterate.

1988Years of Lee's daughter Zhang Moumou,8Month16Day, Lee to visit son-in-law daughter, see Qi so from under the bed and took a bottle of wine to drink, and said: is very effective for treating lumbago. Then the medicine bottle back.8Month18Day, neighbors hole so, certain also came to see Zhang Moumou, Li and her hospitality. Kong said:"My feet, waist pain."Li Tinghou said:"My son-in-law has a wine, I drink to you pour point."Kong said:"Should be, this is good."Li Qi Jijin room and pulled out a bottle from under the bed(The bottles and medicine bottle shape and color, but the size of a slightly different)That is, wine(It is dichlorvos)Pour into the bowl, about one or two, and end to the hole so and so. After the hole is connected with, and each drink half, but the feeling of nausea, vomiting, dizziness, limb weakness. Lee and her daughter to urgently shout to return to work in the mountain Qi X. But the doctors rescue invalid death, two per capita.

Analysis: the case should be how to deal with the qualitative? Explain the reason.

 14. Wang Mou of the accused person, male, a factory safeguard section cadres.1986Years7Month15On the evening of8PM, Wang to see some boys climbed in his glass window looking in, that is looking at the daughter take a shower, so very angry, yell to put them away, several students walked up. Wang more angry, then returned to the house with a pistol, wanted to scare them, Wang out to see the students have run away, they will gun down a gun that turned to go to. Results students Lee was played up the rebound in the cement floor of the bullet in the head and died on the spot.

Analysis: surnamed Wang of the result of death is what attitude? Wang acts constitute what crime?

   15. the defendant Li Mou, male,17Years old, farmers.1988Years8Month12On the evening of10Left, Li go pee ready for bed, he saw a white gooey stuff in shaking their garden, thought it was a neighbor's white dogs to eat corn, they picked up the iron and stalked the tie to the white gooey stuff, the results are found to be the neighbor kids wearing a shirt Baidilan to eat cucumber. Li Tie in the head of the child, the child died.

Analysis: Li on child mortality hold is what attitude? If Li is a crime? Explain the reason.

    Analysis of subjective psychological respective and responsibility.

   16Lee attempted rape. The female team repairman Liu, to his cousin Zhu was asked to assist, Zhu warned,"Are acquaintance, not easy to do". Li said:"I take your dagger, scare her". Zhu agreed, then, Zhu from under the bed and took out a dagger to lee. At about ten that night, Li Mou to sneak into the bedroom to Liu, Liu Mou rape dagger. Rape me his crimes, and with a dagger to kill liu. Lee after committing the crime fled to Xinjiang to escape, he was arrested on the way to escape.

    Analysis: according to the relevant provisions of the criminal law, Li, Zhu constitute the crime? How to punish?

    17. defendant Wang Qiang, male,19Years old, a middle school student.

A year6Month6Day break, Wang Qiang and classmate Chen Feng, Zhao Zhongqiang, Zhang Haibing et al. In the course of slapstick play

Play. Later, Chen Feng found the coat was torn, doubt is Wang Qiang act. Therefore, in the class is sitting in his front row of Wang Qiang was spitting, and repeatedly kicked the buttocks. The day after school, Chen Feng, and Zhang Haibing for that matter after beating the king.6Month15Day, King Chen Feng, Zhang Haibing go out again, beating Zhao Zhongqiang, his face was swollen, the mouth is broken. Because Wang Qiang was beaten, three days did not dare to go to school, the blade made at home6Cm length of a knife.6Month19On the afternoon of the king, carrying a knife to school, caused by classroom door by Zhao Zhongqiang, Zhang Haibing, Chen Feng, Zhou Xiaowu et al. Pull out to beat. Is not on the belt knife was knocked to the ground, he picked up the knife. The Zhao Zhongqiang gang saw the king who brought knives, picks up a brick hit the king's waist, leg, arm and wounded. Zhang Haibing came up with his left hand by the king's left arm, head office right hand holding a brick slam the king, the king head bone to rupture, back wounded. The three people such as Chen Feng holding a brick came a hug, Wang sees ominous, left his injured head, right hand pull out the knife up to chest, abdomen, Zhang Haibing6Where the injured lying on the ground, died on the way to hospital. Conclusion: hospital for hemorrhagic shock death.

Q: the defendant Wang Qiang's actions are justifiable defence, or excessive defense?

18Defendant: Wang, male,29Years old, workers in a chemical factory.

    Defendant: Zhou, female,27Years old, a grocery clerk.

Wang Mou of the accused person, usually style is not correct, because once and the factory. The relationship between the sexes, a punishment. The defendant does not

That ring, in a year4Month, with factory Zhao wife Zhou sexual, two people long playing around.10Wang Wei and Zhou, reach the purpose of marriage, and common planning to murder Zhao zhou. The king put forward the specific measures are: the king with poison, poison by week looking. And agreed in11Month18Day while Zhao dinner will poison (zinc phosphide) and pesticides"Dimethoate", into the rice, Zhao poison. Although it was already agreed this week, and has provided the poison king ready, but because she has a dissatisfaction3Old boy, often with his father for dinner, she concerns may put children poisoned, and afraid of the consequences of serious, punishable by law, no implementation of the poison in accordance with the agreed measures. After the defendant Wang wants to continue with the week adultery was refused, week to expose the crimes of the king.

Q: King, week two people conspire to murder is a crime in preparation, attempted, or discontinuation of a crime?

 19. defendant Li Guang, male24Years old, a company accounting.

Defendant Li Guangyu1991Years5Month10Because of embezzlement of public funds4000Yuan, sentenced to prison1Years of probation2Years. To1993Years5Month10Day the probation period is over, the defendant Li Guang did not commit new crimes during the probation period.1994Years3Month2On the morning of the defendant Li Guangyin life trivia and neighbor Zhang quarrel, Li Guang Zhang seriously wounded.

Ask: whether the defendant Li Guang recidivism? Why?

 20The defendant money. A, male,19Years old, a farm worker.

1990Years1January3Month, the defendant money a successively in the city residential area bicycle theft15Car, motorcycle

3A, total value16000Yuan, the same year4Month, the fence is captured by the public security organs.

The defendant money due to theft arrested, in the absence of charges and the judicial organs have not mastered the guilty of the crime of carnal knowledge of a child's circumstances, take account of the following crimes:

1989Years9On the day night9PM, the money will be the youngest daughter Li, Chen (8Years old) lie to farm families, vegetable, forcible rape Chen, Chen Kuqi, money threatened:"Would you cry again"Chen, also on the:"Go back to parents and teachers say no". Subsequently, the money will be Li Jianyin.

Some account of the money before the crime, the judicial organ does not have his having sexual intercourse with a minor crime, after verification, he voluntarily confessed having sexual intercourse with a minor crime is completely true.

Q: an active account money having sexual intercourse with a minor crime is belong to surrender?

21. the defendant Liu, male,18Years old.

Liu accused in a year7Month10On the evening of11PM, in a town highway bridge and pedestrian Lee (female,16Years old)

Unprepared, suddenly Li to hold. Li Yuqi. Liu took Lee pushed under the bridge, with a threat, snatched a watch (value160Yuan, RMB)300Element. Then, Liu Mou to cuff and kick, to pinch the neck and other means, to Lee coma, the rape. In order to kill, with Liu knife towards Lee head part number knife stabbed, then fled the scene, Lee was found by crossing the masses, promptly sent to hospital for emergency escape.

Q: the defendant LiuMou is committed two crimes, or three?