The first set of

General provisions of criminal law examination

 

A, single choice Test1-20Choice for the individual. For each of them there are options which has only one correct answer, please will you think is the correct answer letters to fill in the answer sheet, no answer or wrong did not score (the co30Divided, each question1.5Points)

 

1, a million to1996Years12Month2Day, due to play the market was sentenced to2Years, with3A million years, not appeal.1997Years10Month1The date of entry into force of the new criminal law, cancel a million to play the market crime in new criminal law on the grounds, to appeal to the people's court, in accordance with the new requirements of criminal law to the guilty, in this regard, the following statement is correct (C )

AThe court of appeal, should support a million, according to the criminal law by the doctrine, a million should not guilty.

B, support for a million appeal can not, but can the commutation.

C, support for a million appeal can not, because of the new criminal law has no retroactive effect on effective verdict.

D, support for a million appeal cannot, also shall revoke probation, commuted substantial punishment, because of its appeal management

 

2Citizens of the Republic of Korea, Kim in India, Burma, Thailand and other countries many international activities of drug trafficking, and had wanted the country of South korea. One day, a gold to China's domestic tourism was arrested, a gold to non citizens of the people's Republic of China, nor in the crime within the people's Republic of China on the grounds of protest. According to the law in our country can adopt the following measures: (LeeC).

A, no right to criminal prosecution, shall be immediately deported

BAs it is, international crime, should pay the International Court sanctions

CThe criminal prosecution, can be carried out on the basis of universal jurisdiction, is the international crime

DCan, to prosecute its participation in the trial, but to South Korea, India, Burma, Thailand and other countries

 

3Wang14Birthday, invite some friends to a restaurant. After dinner on the way home, Wang the sight of a man holding a bag, which took the knife to carry the bag stabbed took the bag, the bag has a mobile phone1Department(Value7600Element), cash6000Yuan. Then Wang14Birthday behavior(C

).

AA robbery

BConstitute the crime of theft

CDoes not constitute a crime

DCriminal responsibility is limited

 

4Department of gynaecology and obstetrics nurses in a hospital, a night shift, a newborn baby crying, Jia in order to stop the crying, then supine infants turnover prone, and the quilt cover the baby head. Half an hour later, a look, found that the baby has no breathing, the baby after rescue invalid death. The identification of Medical Malpractice Identification Committee, the baby is prone to mouth, nose oppression, suffocated. A pair of infant death results what subjective sin? (C )

A．

Indirect intent

BThe direct intention

CNegligence negligence

DThe overconfident negligence

 

5Yang, a foot in football kicking the ball out, breaking the football side residents upstairs Liu Jia Yang table glass window glass, pot fell came downstairs Li Xia, flowerpot fell, just hit from downstairs through Wu old woman's head, caused the injury, Q, Yang a behavior in the criminal law (that isC)

A, negligence

B, overconfident negligence

C, guiltless event

D, plot remarkable slight, not deemed a crime

 

6One day, Li Erhan to the village at the drunken, on the way home in the event of dementia for wine village girl imbecile, chaos, the rape, I regret to surrender to the police station, Xiang, Li Erhan's behavior, how to identify (D)

ALi Erhan is due to alcohol, chaos to seduce lovely, this behavior is not his original intention, nor he can control, the subjective state of mind not intentional crime, so he just generally illegal, should not be considered a crime.

BThe incidence of implementation, Li Erhan drunk unconscious state behavior is analogous to the intermittent mental patients implementation behavior, they all belong to a person without capacity this time. According to criminal law article18A person without capacity when unable to recognize or control his own conduct harmful results, do not bear criminal responsibility, so Li Erhan does not bear criminal responsibility, even illegal is not.

CAccording to Li Erhan, repentance mistakes can be learned on their own the doings of the drunk when do not know, and imbecile is dementia, do not feel their rights are being infringed upon, the behavior of Li Erhan no harm, no victims do not have social harm behavior is not a crime.

DLi Erhan, shall bear criminal responsibility for the crime of drunk.

 

7Huang, one day, walking the dog around on the hillside, encounter daily and has not Liu, Huang is put the dog biting Liu, Liu warned Huang, Huang continued to set the dogs bite liu. Liu Moubian rushed to the front against the side of Huang, picking up stones to their head smashed into minor injuries, Huang see head bleeding, flurried escape. From the criminal law theory, Liu Mou's behavior belongs to which of the following?(B

)

A, emergency

B, justifiable defense

C, excessive defense

D, object error

 

8Zhao Xiao, to poison a, Xiao a poisoning, severe abdominal pain, zhaomou rushed, Dunsheng regret, worry the antidote to Xiao a suit, and will be sent to the hospital, but Xiao for rescue invalid death belongs to the still, Zhao's behavior (D )

APreparation for a crime

B, attempted crime

C, discontinuance of crime

D, the accomplishment of a crime

 

9Wu hate leadership, our school will own fire, to night into the school leaders to kill it, later in the panic took Zhang San as the school leader killed, Wu should belong to the behavior (C)

AThe properties, behavior mistake

BError, tool

C, behavior object error

DUnderstanding of error, causal relationship

 

10, B and B collusion theft electric warehouse, from B to make a"Master key"A few days later, a, B will be handed the keys to a preparation, the two agreed that night12Meet at the gate of the warehouse after stealing. Night, B for fear of being punished not to the scene after the crime. While the man about to the scene, because of not wait until a B, then use"Master key"Open the warehouse, stolen laptop computer two, the value Renminbi2Million yuan, after the money stolen goods13000Element. Afterwards, a branch300Element to B, B to shirk free of charge after. B's behavior belongs to which of the following? (D )

ADoes not constitute a crime

B, constitute the crime of theft, but the desistance of crime

C, constitute the crime of theft, but belong to attempted crime

DD, and together constitute theft accomplished

 

11, Sun Mou to5People "Denon will", which for the purpose of "stealing the rich poor", and self styled "big Denon". Often in the crime, "Denon will" theft of total amount20Million yuan, Sun Mou personally involved in the theft5Second, stolen property value6Million yuan, fence proceeds2Million yuan. Member Wang Department of the organization also participated in a theft; theft process, member Hu alone will a female rape victim. Then Zhang Mou shall not bear criminal responsibility for what offence. (C )

A, "Denon will" all crimes committed by

B,20Million yuan

C, "Denon" membership Humou rape crime

DWang, the crime of theft

 

12A hobby, swimming, and skilled, 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, and swam back to the shore alone, B to swim back to the yelling for help, but not a rescue; at this time, standing watch on the banks of a river, swimming is very good, but do not know a and B C two, do not want to jumped into the river to save. Finally B drowned. In this case, a and B behavior(B ).

A, joint crime

BA, the act constitutes a crime, the act does not constitute a crime of propylene

CDoes not constitute a crime

D, should be dealt with crime of intentional killing

 

13A company manager, Jiamou work Ken, but chairman fan is at odds with the board of directors of the company, at a board meeting, the fan's reason, Jia was fired, so vindictive heart. Then to their friends a hunting field manager Hao Mou borrowed shotgun (shotgun) a, one afternoon a straight to the chairman of the board of directors office, see Fan Mouzheng and customers to negotiate the business, then is a gun, fan Mou killed, Gu also hit and seriously, in addition, the Secretary Xiao Wu also shot minor injuries. Q, Jia killed between fan, injured Gu, easy Wu the three is (C ).

A． Continued offence

B． Continuous offence

C． The imaginative joinder of offenses

DImplicated offense

 

14A court in the crime of fraud, sentenced Zhou has a penalty in prison1Years and shall also be fined1Million yuan, Zhou with no money for refusing to pay the fine. After his release clause3Years, Zhou ready to get married, buy29One inch color TV and refrigerator. The court heard the case after sending a bailiff forced TV and refrigerators seizure. Excuse me, how should we treat the court acts? ( ) C

AUnder proper

BAlthough not when but legal

C. there is nothing wrong, is perfectly legal

DIs not in accordance with the law

 

15The ancient, a female, was sentenced to death, convicted of drug trafficking, but the book has not issued for execution. When the execution time, forensic found in awaiting execution period and guarded her guards Xiamou adultery, now pregnant. How to deal with the case (A )

ACan not be executed, because the provisions of the criminal law, the death penalty is not suitable for pregnant women have. Should immediately stop the implementation and report.

BThe provisions of the criminal law, can carry the death penalty, the death penalty is not applicable to the pregnant women, pregnancy is the ancient one after the trial.

C, can carry the death penalty, but want to wait until after a certain time of ancient production.

D, can carry the death penalty, because it is with the guards adultery while pregnant, the behavior properties in avoiding criminal law.

 

16The principal, which of the following is a common crime in Chinese Criminal Law (in theC)

AZhang Xiaoqiang, who joined a theft, stress group, for the group's "logistics clerk", provide the tools for committing crimes and fence for the group.

B. Li, the crime of disturbing social order of the participants, no organization, planning, command of the crime.

CAnd Hu Erma, a robbery, snatch group "adviser", each criminal group were orchestrated by the organization, but it never personally involved in the.

DGuo Renjing, the "boss" Di an invitation and four other people involved in the brawl Liao, beat two boxing that leave, after Di et al have put Liao beaten to death.

 

17State personnel Humou, embezzlement of public funds18Million yuan, the crime has not yet been found escape to somewhere friends soup. In the meantime, Hu wrote a letter, on account of his crime, illicit money, ready to Tuotangmou to the original unit Party committee submitted, you finish something immediately after to surrender. But the soup a vindictive Hu of the heart, then letter destroying, and report to the public security organs, expose Humou crimes, hidden the Hu writing plot. Hu fled after, because living embarrassment, to the procuratorate to the way police officers arrested, according to the testimony from the soup was found somewhere surrender letter residual, Hu also confessed his crime. Ask Hu's behavior (A ).

AIn general, to surrender , fully meet the general surrender conditions

BIn Hu, has not been arrested before surrendering and neither did not truthfully confessed crimes, not only was captured after the surrender, the behavior is the special voluntary surrender.

C, do not belong to surrender, Humou not voluntarily surrender, but was caught.

D, do not belong to surrender, Humou was arrested confessed crimes is the Justice Department decoction has a complaints have crime.

 

18The crime of embezzlement, Shimou, was sentenced to life imprisonment. In prison12Years later, while on parole for good behavior. During the probation period the6Years, Shimou intentionally causing serious injury, sentenced9Years. According to the criminal law, the application shall be treated according to a parole revocation, joinder of punishments for plural crimes. What shall be applicable to a range of penalty or punishment? (D )

AShould be in9Years or above20The following have decided to implement the amplitude within the sentence in prison

B. Should be in9Years or above15The decision in prison sentence in amplitude

CShould be in12Years or above20The decision in prison sentence in amplitude

DExecution of imprisonment should be decided

 

19Wang for fraud, sentenced to prison3Year, considering the positive return of others and report the crime, decided to probation3Years. The test after the expiration of the public security organ is seized, Wang at the expiration of probation after committing the crime of causing traffic casualties. On the behavior of Wang, how to deal with (A )

ANo revocation, declared probation, crime punishment to traffic

BNo revocation, declared probation, shall be given a heavier punishment to recidivist

CRescind the original judgment, declared probation, before and after the crime of crimes

DRescind the original judgment, declared probation, shall be given a heavier punishment to recidivist

 

20Lin, convicted of rape was sentenced to the prison10Years, deprived of political rights3Years, in prison from1989Years7Month1During the implementation date, on a real deprivation of political rights as (D )

A,1989Years7Month1To1992Years6Month30Day

B,1999Years7Month1To2002Years6Month30Day

C,1989Years7Month1To1999Years6Month30Day

D,1989Years7Month1To2002Years6Month30Day

 

Two, multiple choice questions Test21-25For multiple-choice. For each of them there are two or more than two correct answer options. Please will you think is the correct answer letters to fill in the answer sheet, do not answer, answer less or more answer did not score. (this part is10Divided, each question2Points)

 

21As a result, Ding smuggling sentenced to prison7Years of property shall be confiscated, Wang Mou5People know the news, they borrowed to put forward to Ding5Million dollars, Ding the repayment requirements, in order to the confiscated property to repay the debt must meet the following conditions? (ABCD )

AAt this debt must be in court sentenced to confiscation of property before Ding liabilities

BWang Mou must be approved by the creditor5A request to the court

CWang Mou5Debt and Ding Mou between must be legitimate debts

DThe confiscation of property. Only repayment amount

 

22, the following does not belong to the justifiable defense has (ABC)

A.Huang was a Yao after the assault threatened to retaliate, Yao Mou that will take out a kitchen knife, is Xu dissuade aside, when the yellow one to strike first to gain the initiative, from Yao grabbed the knife, to cut into seriously. Identification for Huang behavior

B.Lee to be robust and strong, weak Zhang resentment, revenge, day and his girlfriend in a block, and teasing insult his girlfriend, Zhang see but let an iron bar at Li Mou, Li Mou be an easy job to won an iron bar, and excuse defense Zhang arm discount. For the determination of Li Mou behavior

C. One night, a plainclothes police patrol in night, check the tricycle was distant driver mistakenly believe that the car thieves, the driver immediately to find a few people armed with iron bars and rushed to the scene, police also thought it was bad attack, both because of misunderstanding and conflict, the police shot and killed the driver. That the police action.

DA night in a quiet side street Wu walk, see a stranger surprise attack him, he punches, until it to play out in. After the identification of the strangers for a violent mental patients, often attacked passersby, has caused several minor events. Results the mental patient is Wu break a leg (injury). As for Wu behavior.

 

23The following about parole, saying, what is wrong?(ABD )

AFor the murder, kidnap, and other violent crimes was sentenced to ten years in prison criminals, no parole shall be granted; when they are commutation, if the remaining term of his sentence of less than ten years in prison, then may be granted parole

B, the criminals are on parole, during the probation period for further crime, the parole shall be revoked in accordance with the method, a combined punishment for several crimes before and after reduction

C, the criminals are on parole, during the probation period, comply with all relevant regulations, not to commit new crimes, also found no other crime had not judgment, the probation period, the remaining penalty shall not be executed

D, a criminal element sentenced to fixed-term sentence, the implementation of the above sentence sentence 1/2, if meet the conditions for release on parole, could be released, if there are special circumstances, approved by the higher people's court, can not subject to the restrictions relating to the term executed

 

24, Yu Mou to incite a factory keeper Liu will be on duty to dive into the warehouse. Yu so many property theft, stolen goods after the400Yuan money to liu. Yu Mou, Liu Mou behavior constitutes a (AD ).

A. two people behavior constitutes a crime of larceny

BAt more than one act of theft, Liu's actions constitute embezzlement

CTwo. Common crime person's behavior constituted the crime of duty encroachment

D. Yu is principal of larceny, Liu is an accessory to the crime of theft

 

25Zhang committed the crime, insult, because the crime plot slight, courts that do not require punishment, and make certain treatment on the. In the various treatment measures following, legal and appropriate a(ABCD ).

ABe admonished to Zhang

BShall be ordered to make a statement of repentance. Zhang

COrdered Zhang apologize

DIs proposed. The competent authorities to give administrative punishment

 

Three, case study Test26-27As a case study. (this part is40Divided, each question20Points)

26Lee, at night to sneak into the financial room the intent of robbery, safe property. Lee used a variety of methods, but also failed to open the safe box, feel very depressed. When I was about to leave, when security guards patrol so far. Security guard found the door unlatched financial room, which is in view, and Lee was in a head-on collision. Lee used crowbars to guard stun away. At home, Lee feared security guards wake up to recognize themselves, with a dagger to kill them, the security guards. Just return the door unit, which was received a report to the public security personnel captured. Now ask:

(1) which form Lee's theft safe behavior belongs to the crime? Combining the case and the crime constitution for specific analysis. (10Points)

(2Lee returned to the scene of the crime) (the unit) to which forms of security guards kill them behavior belongs to the crime? Combining the case and the crime constitution for specific analysis. (10Points)

(1) Lee's theft safe behavior belongs to the attempted theft, has not fully accomplished, be guilty of attempted.2Divided)

Attempted crime refers to the starting to commit a crime, due to reasons other than the criminals will not succeed. (2Points) according to this provision, the attempt of crime has three characteristics. Criminals have started to commit a crime, unfinished crime, unfinished crime is due to reasons other than the will of the criminal element. (3Points)

Combined with the specific analysis of the case: focuses on the three characteristics in the. (3Points)

(2Lee returned to the scene of the crime) (the unit) to the security guards kill them behavior belongs to the preparation for a crime. (2Points)

Preparation for a crime refers to the crime, preparation tools, manufacturing conditions. (2Points) according to the provisions of the criminal law, the understanding of crime concept, should be from the two aspects of subjective and objective to grasp the characteristics of crime in preparation. The subjective feature of preparatory crime, is the act of intention to complete the preparatory activities with crime and. Objective characteristics of preparation for a crime is a crime and to prepare for the further implementation of tools, manufacturing conditions on the behavior of. (3Points)

Combined with the specific analysis of the case: Mr. Lee has killed the security criminal intent, the implementation of the criminal preparation activities objectively (took the dagger, return unit.) Lee is not officially "to" the implementation of homicide, no physical contact with the security and the captured to halt. It is a crime in preparation. (3Points)

27"Old police," Huang secretary and junior were discussing three "recidivism": one is Xu, Xu, because crime theft was sentenced to 8 years in prison,1994Years on parole,1996Years12Month period of parole, but2000Years3Months and committed robbery. Another is to some, to a1997Years11Month make endanger national security crime,2001Years11Month and a negligent crime of traffic accident crime. Another is the Li Mou, Li Mou convicted of corruption and sentenced to1Years of probation2Years, to1993Years5Month10Day test period, but1994Years6Months and fraud. Ask:

(1) Xu recidivism? If, according to the case analysis of what constitutes a recidivism? (7Points)

(2) to constitute a special recidivism? To constitute a general recidivism? Analysis. (7Points)

(3) Lee recidivism? If, according to the case analysis of what constitutes a recidivism? If not, explain the reason. (6Points)

Answer: (1) Xu constitutes the general recidivism. (1Points)

The so-called general recidivism refers to the former was sentenced to the penalty, the penalty is finished or pardon5Years of recidivism should be sentenced to the punishment of crime. (2Points) the condition before and after the two crime is intentional crime, before the crime is sentenced to prison penalty above, after the crime is sentenced penalty above, after the crime is executed before the crime is completed or pardon5Years, recidivism crime. (2Points) In this case, Xu Mou ago was sentenced to8After years, crime and robbery, also the sentenced penalty above, two crime is intentional crime, and after the original penalty execution5Years and made, Xu parole has not committed a crime, the parole expires as the original penalty has been executed. A robbery was in the probation expires5Years committed, so constitute recidivists. (2Points)

For recidivism, shall be given a heavier punishment.

(2) to one does not constitute a special recidivist, (1Points) after the crime is not a crime endangering State security. The special recidivist definition: convicted of crimes of endangering national security received criminal punishment, punishment is finished or pardoned, at any time to make the criminal crime endangering State security. (2Points) constitute the conditions of special recidivist is: the former and latter crimes must be kind and severity are crimes of endangering national security, was sentenced to punishment and crime should be sentenced to punishment is not restricted, the crime can occur at any time after the implementation of finished or remitted in front of the penalty, not subject to the two crime limit the length of time apart. (2Points)

To also do not constitute recidivists, because after the crime is not intentional crime. (2Points)

(3Lee does not constitute recidivism). (1Points)

Do not meet the conditions of recidivism. Li Guangfan was sentenced to the crime of corruption1Years of probation2Years, to1993Years5Month10On the test period, new crimes committed no in the test period, according to the provisions of the criminal law, the original penalty shall not be executed. While Li Guang is in1994Years3The test after the expiry of a crime, constitute the conditions of recidivism is the original penalty execution must be finished5Years of crime, to constitute recidivism. Li Guangyuan sentenced penalty not executed, so do not constitute recidivism. (5Points)

Four, to discuss the problem Test28To discuss a problem. (this part is20Points)

28On the classification of the criminal law of our country, in the common crime crime and its criminal responsibility.

Answer:1Classification of common crime, which is divided into two types: one is the method of division classification, according to the behavior of people in the common crime division into practice, the organizing offender, abettor, accessory (1Points) the role classification, divided into principal, accessory. The role of classification in China Classification, classification supplemented, divided into principal, accessory, abettor, coerced offender four. (1Points)

2The principal, refers to the organization, leads a criminal group in carrying out criminal activities or play a principal role in a joint crime crime. (1Points)

The following three cases: from the criminal organization, planning, command in the criminal group, also is the organizing offender, is a primary molecular; from the criminal organization, planning, command in the crime, which is a primary molecular; other plays a principal role in a joint crime criminals, the major crime. (3Points)

The principal's criminal liability can be divided into two types: one is the ringleader who organizes, leads a criminal group, according to all the crimes the group has committed two penalties; the other is the principal, shall participate in or organize, command of all criminal punishment. (2Points)

3, plays a secondary or auxiliary role in a joint crime, is an accomplice.(1Points)

The accessory can be divided into the following two situations: Play a minor role in the accessory in joint crime, namely the minor offender;As an accessory auxiliary role in the common crime, which helps to make. The auxiliary function is not directly involved in the crime, but in a variety of ways to help the crime, the crime result. (2Points)

The accessory, shall be given a lighter, mitigated punishment or be exempted from punishment. Criminal responsibility is the principal accessory criminal responsibility for the comparison, the penalty should be lighter than principal. But that's not to say, all of the accessory punishment than actual principal light. Because the principal may be given a lighter or mitigated or exempted from punishment plot.(2Points)

4Coerced offender, refers to people who is coerced to participate in a crime. (1Points)

The stress is due to various reasons and in the spirit of bullied by a certain degree of or forced. In this case, the actor has no complete loss of free will, and therefore still deal with the crime of criminal responsibility.(1Points)

The coerced offender shall, according to the circumstances of his crime, mitigated punishment or be exempted from punishment. (1Points)

5, abetting crime, is the instigator. (1Points)

Abetting criminal offenders:Instigates others to commit a crime, shall be punished according to the role he plays in a joint crime;Instigates a person under the18A person under the age of a crime, shall be given a heavier punishment;If the instigated person does not commit the instigated crime, the instigator, may be given a lighter or mitigated punishment. (3Points)