A, case study
1, (1), the victim of a judgment may, within five days after receiving the written judgment, have the right to request the people's procuratorate. (2) the victim in the public prosecution case litigation rights advocateA: request on file; challenge; entrust agents ad litem; claim damages; for not filing the case and a decision not to prosecute complaints or bring a private prosecution to the court in accordance with the law to the procuratorial organs; the court and the case statement; ask the defendant in investigation and interrogation; evidence; application notice new witnesses; obtain new evidence, re examination or inspection, to participate in the debate in court; on the first trial request appeal within the statutory time limit; the effective judgment or ruling appeal for re trial.
2, by a municipal court jurisdiction is appropriate.
Reason: "the law of criminal procedure": crime should be crime court. At the same time, twenty-fifth clearly stipulates: "the people's courts have jurisdiction over a case, the people's court that first accepted by. When necessary, can be transferred to the main criminal trial of the people's court." In this case, the sun in a city is Hou, Wang hijacked bus and the implementation of the crime, the crime is a city. And the three defendants domicile is in a city, so this case is more appropriate for a city court jurisdiction.
3, the public security organs shall be responsible for the correct approach. Reason: "criminal procedural law" the thirtieth paragraph second: "avoidance of investigators decided before making a decision, the investigators could not stop the investigation of a case." Be determined to avoid the investigators, in the lawsuit activity avoidance decision made before the validity, decided by the authorities that made the decision according to the circumstances of the case.

In this case, because the case major, time is pressing, Wang still work in investigation, arrest. We can not stop the investigation, can not be avoided.
Two, short answer questions
Answer: the victims in the public prosecution and private prosecution in the litigation rights people in common are: (1) to apply for withdrawal; (2) agent; (3) to file an incidental civil action; (4) for not filing the case and the decision not to initiate a prosecution to the people's court according to the private prosecution; (5) have the right to participate in the court investigation and the court debate; (6) the effective judgment or ruling complaints, requests a re trial, etc..
Differences between the victim and victim in the litigation rights of the private prosecutor: can be directly bring a private prosecution to the people's court, to apply for the withdrawal of prosecution, the defendant reconciliation, appeal.

But without the right of the victims in the public prosecution; the victim's right to request on file, to the first instance judgment within the statutory time limit, request the people's Procuratorate prosecution right, is that no one.
Answer: the people's court falls directly handle criminal cases:
(1) to be handled the cases;
(2) minor criminal victims there is evidence to prove that;
(3) the victim has evidence of violations of their personal, property rights of the defendant's conduct should be investigated for criminal responsibility according to the law, and the public security organ or the people's Procuratorate shall not be investigated for criminal responsibility in the defendant's case.
(4) a victim to the people's Procuratorate nonprosecution decision and action to the people's court case.

"Law of criminal procedure law specialist" assignment 2 answer
"Criminal Procedure Law" formative assessment assignment 2 answer the reference book
A, case analysis
The 1 answer:
(1) according to the provisions of the criminal procedure law of our country for may be sentenced to death if the defendant's counsel did not entrust the people's court shall appoint one for him, the people's court shall appoint one for him, in order to safeguard their legitimate litigation rights regardless of their opinion of how, the defendant Zhou robbery, murder and, if the circumstances are serious, be sentenced to death, the people's court shall appoint one for him.
(2) the court in this case the open trial error, according to the "Criminal Procedure Law" provisions of article 152nd, for "personal privacy case, do not open." In the case of,

The defendant Zhou committed murder and rape, and rape belongs to personal privacy, so should not open. Therefore, City Intermediate People's court hearing the case is wrong.
(3) the court with manslaughter and sentenced the accused to death, improper charges applicable, shall be as a crime of intentional homicide.
2, a.:
 (1) the public security organs in the residential surveillance shall not be interrupted during the investigation, the case
(2) in the case of residential surveillance has exceeded the statutory time limit. Because the provisions of the criminal procedure law of our country for residential surveillance shall not exceed 6 months. In this case from May 2nd to November 7th has been more than 6 months
(3) lift the residential surveillance enforcement measures, the public security organ shall promptly notify the under residential surveillance and the units concerned. But in this case the public security organs without notice
3, answer: (1) the legal evidence:
 The evidence: the shoe imprints, a gold necklace, more than ten thousand yuan in cash, a triangular blade, knife a the appraisal conclusion: Shoe imprints, blood, wound the victim statement: a statement of the little sister

The suspect's confession and exculpation: Li Dalong's confession and records of inspection and witness testimony: he heard a cry for help, see a girl fell to the floor, blood DC
(2) direct evidence: the victim statement: Zhang sister statement the statement of the criminal suspect and the excuse: Li Dalong's confession (3) indirect evidence: the evidence?: shoe, a gold necklace,

More than 10000 yuan in cash, a triangular blade, knife a?? the expert conclusion: Shoe imprints, blood, wound, the testimony of witnesses, the written record of the inspection
Two, question and answer
1, full use of indirect evidence which must obey guilty case fact rules?
Answer:
? first, must strictly abide by the general rules of evidence: (1) all the evidence material that truth must be objective facts, or not as a final root

According to the indirect evidence; all must exist objectively and contact the main facts of cases; (3) collection procedure of indirect evidence must be lawful, methods must be scientific.
Second, indirect evidence must form a complete proof system.
Third, indirect evidence and the facts of the case and the indirect evidence must be coordinated between, there is no contradiction.
Fourth, indirect evidence system must be sufficient to rule out other possibilities, the conclusion must be unique.
The above four principles must have at the same time, in order to make the determination of guilt.
2, to talk about the difference between bail and residential surveillance
Answer: (1) compulsory system. Forced to residential surveillance and bail.
(2) in different period. Residential surveillance shall not exceed 6 months; the bail shall not exceed 12 months
(3) to comply with the rules of different. Under residential surveillance of people without the approval of the organ executing shall not leave the place (refers to the residential premises), without the approval of the organ executing or other people with common people living outside of; be guarantor pending trial without the approval of the organ executing the leave live in cities and counties.
(4) in different ways. Was released on bail to provide a guarantor or pay money and not the provisions of residential surveillance. Apart from the above 4 difference, was released on bail the suspect, the defendant can be changed to residential surveillance, and residential surveillance of criminal suspects, defendants can not change to bail.

"Law of criminal procedure law specialist" assignment 3 answer
"Criminal Procedure Law" formative assessment assignment 3 answer the reference book
1, a: the case by the public security organs directly handle.
The case directly accepted by the municipal public security bureau. "Criminal Procedure Law" eighteenth paragraph first: "criminal case investigation conducted by the public security organs, except as otherwise stipulated by law. "The third paragraph:" a case of private prosecution, shall be handled directly by the people's court. "Criminal procedure" explain "provisions of article first of the violence of interference in the freedom of marriage case (" criminal law "the provisions of the first paragraph of 257th) for the private prosecution cases directly accepted by the people's court. But in this case the use of violence to interfere in others' freedom of marriage and cause death to the victim shall offend crime, "criminal law" the second paragraph 257th, does not belong to a case of private prosecution, shall be borne by the public security organ investigation. In criminal proceedings, the public security organ is the main organ of criminal cases, the investigation is responsible for all criminal cases except as otherwise stipulated by law. Most of the criminal case under investigation by the public security organ, can give full play to the public security organs to expose and confirm the crime, protecting the people, maintaining social security role.
2, case two
One, should not the collective inquiry witness. Witnesses shall be questioned individually, are not allowed to take the open forum or collective discussion, in order to avoid collusion interaction.
Two, should not only investigators Zhang one for interrogation, interrogation of a criminal suspect, the investigators shall not be less than two.
In three, during the interrogation of a criminal suspect, the following problems:
1, Zhang first sentence is wrong: should first ask the criminal suspect whether a crime, let him state the circumstances of his guilt or innocence excuse, then put a question to him, in this case the Scout is sure the criminal suspect guilty questions.
2, Zhang second sentence is wrong: the suspect in the first interrogation by post or by coercive measures to date, the investigators shall inform he may appoint a lawyer to provide legal advice, complaints, charges, the investigators in this case is illegal.
3, Zhang third sentence is wrong: to the suspect produce "warrant" in the implementation of the detention, the investigators of the case in violation of the provisions of the above.
4, Zhang fourth sentences are wrong: a case of public prosecution is not by the criminal suspect or the defendant bear the burden of proof; the two is according to the provisions of the criminal procedure law, the interrogation of criminal suspects should be

Prohibit torture to extract confessions and by threat, enticement, deceit and other illegal methods to extort confession, but in this case the investigators in the torture to extract confessions by threat, enticement, deceit and illegal behavior.
5, Zhang repeatedly beat Zhao face, both Zhao knelt on the ground, belonging to torture to extract confessions
3, case three,
Answer:
One, the procuratorial organs have the following violations of the regulations on the procedure of proceedings in the case:
In the decision of arrest, the case investigator sent an arrest is wrong; the arrest shall be executed by a public security organ
The public prosecutor found the defendant have new facts of a crime in question witnesses, direct the new allegations are wrong; it shall apply to the court for trial, the additional charges
Two, the court is in violation of the provisions of the criminal procedure law practice in the first instance:
1, a lawyer for the trial summon new witnesses, full court decided to suspend the trial is wrong, this does not conform to suspend the trial. According to the provisions of the criminal procedure law, summon new witnesses, shall decide to postpone the hearing of the case
The defendant has the new suspected of corruption 2 facts, the court accepted the request, the defenders decided to postpone the hearing is wrong, should be recommended to the public prosecutor additional prosecution, the prosecutor agreed by the prosecution, apply for deferment of trial.
3, the people's court in accordance with the criminal law 116th paragraph fourth: lack of evidence, the defendant is not guilty, should make the evidence is insufficient, the specified charges cannot be established decision.
Three, the court is in violation of the provisions of the criminal procedure law practice in the second:
The court of second instance in the review of Soviet withdrawal of appeal request, is the wrong decision to withdraw the appeal of the book, because the appellant appeal withdrawal requirements are put forward in the appeal after the expiration of the period, the second instance court granted the withdrawal of appeal shall make "rejected the appeal, upheld the verdict", rather than the written decision.

"Law of criminal procedure law specialist" assignment 4 answer
"Criminal Procedure Law" to reflect the operation of 4
A case of the reference answer:
Answer: not correct the court of second instance procedure
Because this is a case of criminal incidental civil action, according to the provisions of China's "Criminal Procedure Law", the party in an incidental civil action is only entitled to civil part of the judgments or rulings in appeal, have no right to appeal to the criminal part. Therefore, the appeal of civil appeals, can only affect the incidental civil judgment, not cause criminal judgment changes. So in this case the court of second instance of the approach is not correct, if the people's Court of second instance in the trial process, found a criminal judgment of first instance is wrong, in accordance with the procedure for trial supervision or instruction for the lower level people's Court of retrial.

Case two the reference answer:
In this case the higher people's court remanded by the court to rescind the original judgment, the re trial was illegal.
According to the provisions of China's criminal procedure law and the relevant judicial interpretations, the intermediate people's court in cases of First Instance sentenced to two year stay of execution, the defendant does not appeal, the people's Procuratorate don't protest, reported to the higher people's court for approval; the higher people's courts agree with the death sentence suspended for two years, approve that the original is ruling; heavy, do not agree with the death sentence suspended for two years, can be directly reduced; if that must be immediate implementation of the death penalty, or that the original facts unclear, insufficient evidence, should be sent back to the intermediate people's court trial, for re trial verdict, can appeal, appeal. Accordingly, this case should not be remanded, can be directly to.

Answer: improper law authority behavior public prosecutor, in this case as follows:
(1) when the masses will Choi seized and turned over to the court, the court shall be sent to the Public Security Bureau comrades told the improper practices. Should be the correct approach is to accept, not under its jurisdiction, it shall transfer the case to the competent organ.
(2) the public security personnel that Choi meets the detention conditions have detained him for, this is improper. Detention shall go through the statutory procedures, the public security organ at or above the county level shall be responsible for the approval of the people, in order to execute a warrant issued and show to the criminal suspect.
(3) the Public Security Bureau in May 16th before the request for approval of arrest of improper practices. It shall be submitted to the 3 days after the detention in accordance with the law, under special circumstances, may be extended to 7 days. Choi was detained in May 16th May 7th, has been overdue.
(4) Public Security Bureau to delay until June 22nd release Choi improper practices. The people's Procuratorate make a decision not to approve arrest, the public security organ believes that there are errors, it may request a reconsideration, but must immediately release the choi.
(5) the procuratorial organs at higher levels in the review, made not to approve arrest improper practices. After review shall be made whether or not to make a change and not whether the arrest decision.
(6) the decision of a people's court after the arrest, sent officers Cuimou arrested the improper practices. Because the arrest must be executed by a public security organ.
(7) in the trial, Cuimou refused a lawyer to defend, self defense requirements, the court granted approval is improper. Because, Choi is a minor, in accordance with the law must be to entrust defenders,

The people's court shall be specified separately for the defense lawyer.
(8) after the verdict, the court will Choi to the unit execution is improper. Sentenced to probation criminals, the public security organ should make their units or organizations to examine.
(9) the people's protest is wrong, should by the higher people's Procuratorate to present a protest.
(10) the original collegiate court appointed president and two other judges establish collegial panel, to participate in the trial of the staff shall not participate in the.