In 2013 comprehensive improvement stage of criminal law exercises

 

Liu FengkeTo write

 

1 of our article 133rd of the criminal law of the provisions of the first paragraph: "drive a motorized vehicle on the road racing, if the case is serious, or in the way of drunken driving motor, detention, and shall also be fined."The second paragraph: "the acts mentioned in the preceding paragraph, which also constitutes another crime, in accordance with the provisions of punishment heavier punishment." According to the above provisions, which of the following statements is true?

Although A. for dangerous driving behavior through administrative law can also be adjusted, but to its provisions for criminal behavior can achieve the purpose of safeguarding the interests of the people

B. through the act of dangerous driving crime, can directly guide the national behavior, prevent crime, so as to realize the function of preventing the crime

C. although the criminal law "criminal detention, and shall also be fined", but also constitutes another crime, is convicted of the crime of dangerous driving at, but to other crime legal punishment punishment

D. on the crime in judicial practice with the crime of dangerous driving, according to the needs of criminal policy and the public opinion, can not be treated as a crime, unity to achieve social effect, political effect and legal effect

2On the legal principle of crime and punishment, which of the following statements is true?

One of the ideas of A. the legal principle of democracy, the administrative laws and regulations to reflect the legal file specification of national will, thus can create a penal law

B.Ex ante legality only prohibition against acts of retroactivity, but allow for human behavior retroactivity

Applicable statutory requirements strict C. on the criminal law should be strictly applied, but not analogy; interpretation of criminal law should be strictly interpreted, but not the analogy to explain; but the analogy interpretation favorable to the defendant does not belong to the list of banned

Part of the provisions of the criminal law of the crime of D. to describe the need to be added according to other laws or other provisions of criminal law, the legislation is not in conformity with the principle of legality of specific requirements

3 which of the following statements is true?

A.Legislative interpretation is madeThe National People's CongressExplanation,Its effect is equivalent to the origin of law, belongs to the criminal law; judicial interpretation made by the supreme judicial interpretation, its effectiveness than the legislative interpretation, origin does not belong to criminal law

B. the criminal law ninth stipulation: "the provisions of the international treaties concluded or acceded to by the people's Republic of China of the crime, the people's Republic of China in the scope of the treaty obligations to exercise criminal jurisdiction, applicable law." Here "the law" include the international treaties which China has concluded or acceded to

C.That any interpretation of the findings, must accord with the purpose of criminal law, can not be in violation of the principle of legality. So, despite expanding interpretation methods are allowed, but in accordance with the expanding interpretation conclusions may be wrong

D. for the same concept in the context of criminal law, can be a literal interpretation can also be a logical explanation. But if the literal interpretation conclusion is reasonable, there is no need to take the method of logical explanation; if the literal interpretation conclusions unreasonable or produce a variety of conclusions, there must be a logical explanation

4 1Amplified interpretation and analogical interpretation no boundaries fixed: with the change of language and the social situation, may be of mutual conversion between the two cases

②Some of the same word interpretation relative to this provision belongs to the analogy to explain, but compared to other provisions may belong to the expanding interpretation

By expanding the interpretation conclusion not beyond the words of criminal law may have the meanings, and the analogy to explain the conclusions may have meaning beyond words

The expanded interpretation results are in the national forecast possibility, and analogical interpretation is beyond the scope of national prediction possibility. Therefore, need to expand the interpretation is consistent with the human rights guarantee

The four sentence is wrong, which of the following statements are true?

A. first sentence correctly, the second in the sentence error   B. Article II. Sentence correctly, the sentence error

C. Article II. The sentence correctly, the first sentence error   D. Article II. ③ the sentence correctly

5 which of the following statements is true?

A.Article second of criminal law 241st: "those buying abducted women, forcing them to have sex, in accordance with the provisions of this article 236th (rape conviction and punishment)." The "relation" should be interpreted as only refers to sexual intercourse, belong toNarrow interpretation

B. criminal law article289In the implementation of the provisions, "beating" process, destroy or take public and private property, the ringleaders shall be deemed to be the crime of robbery. Will "take" explanation for the robbery and robbery, belongs to the plain meaning interpretation

C.As the organization prostitution were recruited, transported personnel is to assist the organization prostitution behavior, the behavior properties than recruiting, transporting personnel more bad behavior (such as the organization prostitution people as thugs) identified as "other" of assisting in the organization of prostitution behavior, a natural interpretation

DArticle fiftieth of the criminal law of the preceding paragraph:"Sentenced to death with a suspension of execution, the execution period, if not intentional crime, after the expiration of 2 years, to life imprisonment". Accordingly, probation period under the age of 2 years, shall not be commuted to life imprisonment, this conclusion is against interpretation

6 which of the following statements is true?

A. unit for the interest of the unit collective research decision incineration plant which caused the fire, not the crime, because the criminal law only provides a natural person was arson, this conclusion is of course to explain

The B. will"For blackmail to state functionaries property, not to seek illegitimate interests, not bribery" is suitable for the non national staff bribery, to allow the analogical interpretation

C．将Sales of rare, endangered wild animal products "sold" in the crime of interpretation as a for-profit utilization behavior, which belongs to the expanding interpretation; selling of counterfeit currency crimes in the "sale" is interpreted as "buying and selling", also belong to the expanding interpretation; "trafficking" explanation for the transfer and does not include to sell for the purpose of purchasing behavior will be illegal drug trafficking, which belongs to the narrow interpretation

D.Sentenced to death for crimes of violence, after probation period shall be reduced to life imprisonment or 25 years there are criminals, life without parole, this conclusion is of course to explain

7 which of the following statements is true?

A.Although the criminal law will counterfeiting and altered currency provisions for different crimes, but the smuggling of counterfeit currency crimes in the "counterfeit" include "altered currency", which belongs to the expanding interpretation

B.Article 315th of the criminal lawRegulations: "being held in custody according to law the criminals, disrupting the order of supervision behavior, if the circumstances are serious, is less than three years imprisonment......" The "criminal"SureThe explanation for including criminal suspects and the accused, to expand the interpretation

C.Commit the crime of money laundering, need to "confiscate" implementation of the upstream crimes of income and the revenue generated, the "confiscation"Explanation for the confiscated or returned to the victim, which belongs to the expanding interpretation

D. people act, the establishment of the crime of theft. Because the unit act can also be evaluated as a natural act, which shall be in accordance with the natural person convicted of theft, expanding interpretation

8 Lee was illegal car killed, paint the car left the scene, witnesses remember vehicle license plate. The police found the owner a, the owner a has given the car is painted in other colors, erased's car, repair the traces on the car. A refused to acknowledge that he was driving the car, did not say who drove the car. But the police to determine whether the car is killed Lee illegal car. About a behavior, which of the following statement is wrong?

A. a set to help destroy the evidence of crime, because whoever the perpetrators, the evidence is sufficient to prove a implementation of help the perpetrators of destruction of evidence act

B. a set up help destroy evidence, refused to explain who drive the peccancy vehicle behavior was not to cover up the crime, because no implementation of the "false proof shield others" behavior

C. is a form of crime of causing traffic casualties, because after a self destructive behavior evidence of a crime is not punished

D. a not to set up the crime of causing traffic casualties, because in this case the evidence is not enough to prove a implementation of the behavior of traffic accident 

The 9 code of criminal jurisdiction, which of the following statements are true?

A. Korean Choi aboard the Russian civil aviation aircraft to russia. On the fly by Chinese airspace, Choi in machine killed a japanese. Our country has no criminal jurisdiction to the case

B. Lao Jin Mou station in Laos borders shot and killed a Vietnamese, the bullet China territory to kill the vietnamese. Our case is suitable the territorial jurisdiction principle

C. USA a transnational group of Companies in Chinese area president John illegal access to China's state secrets, and provided to the M's intelligence service. In this case, solutions can only apply the diplomacy of China

D.China citizen Lee during trips abroad because of drug trafficking, drug trafficking and belongs to the international community to combat international crime in our criminal law, so universal jurisdiction principle

10 Japanese armour in Vietnam seized the country's civil aviation flight to Philippines, but Philippines police failed to catch a. But in China, is a city arrested and seized and turned over to police. Later found, a hijacked the aircraft, also shot and killed in the air marshals and crew of two people. About the case, which of the following statements is true?

A. China has jurisdiction over the case, should apply the principle of universal jurisdiction

B. if a hijacked aircraft is countries, China still has jurisdiction

The establishment of C. a hijacking crime and the crime of intentional homicide, the combined punishment for several crimes

D. on a conviction and sentencing is the basis of Chinese criminal law and international convention 

11 according to the provisions of China's Criminal Law: the provisions of national autonomous areas may by ____ formulate adaptive or supplementary, submitted to the ____ approved;In addition to the death penalty____Decision, should be submitted to the____Approval;Death sentence with a reprieve, by____Decided or approved;Sentenced to death with a two-year suspension of execution, the execution period, if the intentional crime, verified, by____Approval, execution;Although do not have the crime prescribed in this Law for mitigating circumstances, but according to the special circumstances of the case, the____Approval, can also be sentenced to a punishment below the legally prescribed punishmentMeet the condition of parole; crime, even though the actual execution time does not meet the minimum requirements, butIf there are special circumstances, the____Approval, can not beThe lowestRestrictions relating to the term executed;The maximum prescribed punishment is life imprisonment or death, after that must be prosecuted after twenty years, the matter shall be submitted to the____Approval. According to the current law, Amnesty in China by ____ decided, by the ____ amnesty released. In the above statements in space:

A. has 6 to fill the "Supreme People's court", 1 in "the Supreme People's procuratorate"

B. has 5 fill "the Supreme People's court", fill in the "2 National People's Congress Standing committee"

C. has 2 to fill the "Standing Committee of National People's Congress", 1 in "the Supreme People's procuratorate"

D. has 5 fill "the Supreme People's court", 2 in "the Supreme People's court"

A classification of 12 essential factors, which of the following statements is true?

A.Theft, snatch firearms, ammunition, explosives, hazardous substanceThe objective constitutive element is written elements,"The purpose of illegal possession"Is the unwritten constitution

B. in the crime of defraud exit certificates"Passport, visa and other documents "is the story of the elements," sneak into the country for the organization to others (edge) habitat use "is subjective elements

C. forged, altered, the sale of official documents, certificates, seals "in the crime of forged, altered" is the story of the elements, but the "official" is a normative elements

D. in bribery "to seek illegitimate interests" is the subjective elements, "gives property to a state functionary" is the objective elements,"National staff" is a normative elements,"Extorted gives property to a state functionary, gains no illegitimate interests, not bribery" negative elements

13 "criminal law" the 237th paragraph 1: "by the violence, coercion or any other method of coercive indecency or insults a woman, is less than five years imprisonment or criminal detention." The second paragraph: "the crime mentioned in the preceding paragraph made in public or in the public place, office for more than five years in prison." On this understanding, which of the following statements is true?

A．"By the violence, coercion or other methods" are described, the objective elements

B. "women" belongs to the account of the elements, but not less than 14 weeks of young girls

C. "obscene", "insult" belongs to the standard, objective elements

D."The crime mentioned in the preceding paragraph made in public or in the public places "belongs to the statutory aggravating circumstances

14About the crime of omission, which of the following statements is true?

A.A tossed a cigarette butt thrown in the warehouse, has the risk of fire, a timely elimination of danger, but want to cause fire against the storekeeper, deliberately not to eliminate risk, leading to a fire. A behavior was not as arson, not another set up fire sin

B. B deliberately hurt Lee, Lee injured and in danger of death, B stood on the sidelines, watched Lee finally bleed to death. B not to save Lee's behavior not only set up not as a crime of intentional homicide, also established intentional injury (injured) crime, punishment

C. C children (5 years old) accidentally fell into the water, rescue C quickly jumped into the water, but the water was cold and swift, C swim to midway feeling has life danger, had to migrate, as in force by the shore people saved. The child drowned. C's behavior was not not as a crime

D. Ding is a factory disinfection member. The factory a number of new equipment, ding a sanitized, but to their duties, disinfection not, but direct distribution workers use. Workers use caused by viral infection, dead people, but later found that this virus is a new virus, according to disinfection procedures to detect the virus. Ding's behavior was not not as a crime

15 for as and not as a crime, which of the following statements is true?

A.A see a rock fall in Li's head, to hurt Lee's intentions, then push Lee, the stones in Lee's shoulder, causing Lee minor injuries. A behavior was established as a way to the crime of intentional injury

B. in a dangerous situation when the passenger ferry staff B, Zhang regardless of the "dangerous" warning, insisted on B to cross the river. B in the transport of passengers to cross the river, ferry capsized in Zhang death. The behavior of second set up as combined with not as a way of negligence crime death

C.C negligence causes Wang injured, then Wang picked her up the car, going to a hospital rescue. At this time, onlookers passers-by Zhang strongly discourage C, to give up the idea of C salvage, Wang bleed to death. C's behavior was established as the crime of intentional homicide (accomplished), C established the crime of harboring a criminal

D. Ding because with friend Liu Moukai joke, Miss Liu pushed into the river, Liu quickly caught in a whirlpool, have life risk. Ding is an excellent swimmer, this can take measures quickly, but refused to rescue, resulting in Liu drowned. Ding's behavior was established as the crime of negligence causing death and not as a form of intentional homicide, belonging to the imaginative joinder of offenses

16 concerning the crime of omission, which one of the following options is wrong?

A.The taxi driver of a male passenger Li Mou rape in a taxi passenger Wang does not stop the behavior, not set as rape, belonging to the offender

B.B man let a young queen of their implementation obscene behavior and not stop the behavior, the establishment of omission crime of child molestation, belongs to the indirect principal offender

C. CThe night will park the car on the highway, no set of remind the rear of the vehicle note logo, leading to the establishment of rear end accident, traffic accident crime of omission

D. boiler work Ding while on duty, not deliberately to boiler water, but with the other night landlords, caused the boiler explosion accident, was established as a combination with not as a way of crime

17 concerning the crime of omission, which of the following statements are true?

A. business findAfter the sale of dangerous goods do not recall, accident, set upAs a combination with omission crime

B. pet owners will not be stopped in the pets bite others, caused serious injury to others, not as a way of crime establishment

C. picked up the drug fails to submit the relevant departments and destroying, not as a way of the establishment of the crime of illegal possession of drugs

D. refused to pay labor remuneration crime of omission and the crime of abandonment, which belongs to the omission as competing crime

18 On the behavior of objects, which of the following statements is true?

A. smuggling, trafficking, transporting, making drugs belonging to the crime, the criminal object is the drug itself

B. a hired killer failed and refused to return 50000 yuan compensation, the establishment of the crime of embezzlement, the crime target is 50000 yuan

C. fraud using fake credit cards, fake credit card crime belongs to the tool, not the behavior object

D. steal others open vehicle to transport drugs, because the vehicle belongs to the criminal tools, should be confiscated

19AHireB,CMy girlfriend will ownDingLegs into fracture, caught red handedB,C10000Yuan, agreed after the matter again to 8000Element.B,CFindDingHands up, hit, theDingCried out,B,CThen stop, but Ding said: "your boyfriend to hire us to hurt you, but we don't want to do this; you'd better not go out, not withAMeet, and claims that he was injured." Then.B,CYesASaid: "we have the Ding wounded, but discovered by the public security organ. You promised to give 8 except in the original000Yuan outside, still must give you any more5000, otherwise, we ask the public security organ to inform against you."AFor gospel truth, in addition to the original agreementB8, C000Yuan, paid to b,C5000Element. About the case, which one of the following options is wrong?

A.A, B, C three people constitute intentional injury crime accomplice, a belongs to attempt, B, C two people belong to abort

B. 10 of them000Yuan, B, C two constituted the crime of Embezzlement

C. 8 of them000Yuan, B, third two people constitute crime of fraud

D. on the5000 yuan, B, third two people constitute crime of fraud and crime of blackmail and impose exactions on the imaginative joinder of offenses

20Which of the following statements is true?

A. fabricating facts to slander others, serious harm to the social order and the interests of the state, to tell just processing of crime

B. in that case,If the victim of coercion, intimidation and cannot tell the public prosecution, the people's Procuratorate shall

C. maltreatment of family members, the victim Dutch act, the establishment of crime of abuse and crime of negligence causing death, it should be combined punishment

D. abandoned dependents, lethal death to the victim, the establishment of the abandonment crime and the crime of negligence causing death, it should be combined punishment

21 seriously injured, the death of the victims of the situation, which of the following statements is true?

A. using violence forced labor of others, caused serious injury to others, the establishment of the crime of forced labor and intentional injury (injured) belongs to the crime, implicated crime, felony punishment

B. uses violence coercive indecency, insult women, the women injured, the establishment of compulsory indecency insulting women, crime and the crime of intentional injury of the imaginative joinder of offenses

C. using violence forced others to engage in particular activities, causing serious injury or death, the establishment of forced transaction crime and the crime of intentional injury, combined punishment for several crimes

D. organize people to secretly cross the national boundary (border) habitat use violence to resist inspection, the inspectors into serious injury or death, it should be combined punishment

22 about causation, which of the following statements is wrong?

A. a homicidal intentionally, deliberately to hurt B to C violence, death cause C C, but only a fatal wound, but can not find out the fatal injury caused by who. No causal relationship between the results of a and B, two human behavior and C death, so a, B two people set up the crime of intentional homicide (attempted)

B. a use of counterfeit credit card to store credit card consumption, the cashier to identify the card belongs to the forged credit card, but still be stamped by the unit for revenge, a paid 20000 yuan worth of goods. There is no causal relationship between deception and stores a loss, so a set of credit card fraud (attempted)

C. a knowing that the victim was penniless, but the use of violence, suppress the rebellion, forcing the other afternoon to deliver the property of the victim, scheduled for the afternoon of delivered 3000 yuan. There is no causal relationship between violence and obtain a property, so a set of robbery (attempted) and blackmail and impose exactions on crime (completed), the combined punishment for several crimes

D. a a loaded pistol into his ex-wife clock a shelter, intent to kill the clock a. In the two set, Zhong Mou himself accidentally trigger was shot to death. Killing a bell and a death doesn't exist causal relationship, so constitute a crime of intentional homicide crime, Zhong's death was an accident

23 about causation, which one of the following options is wrong?

A. driver a drunk driving causes traffic accidents, resulting in the victim's B skull fracture, no rescue and escape. After that, even if a B immediately rushed to the hospital could not save his life. There is no causality between behavior and B a B does not rescue the death

B.A, B and C were no conspiracy to shoot, do not hit the vital part C, although the two wounds and bleeding C death, but between the behavior and C A, B's death doesn't exist causal relationship

C.The illegal practice of a let suffering from pneumonia B to the drugstore to buy cold medicine to treat diseases, causes B did not receive timely correct treatment and death. The causal relationship between behavior and B a death

D．A homicidal intentionally to B all acts of violence, physical injuries caused b, B in the way to the hospital, was killed by driving the car. But a don't know this for a fact, always felt that killed B. There is no causal relationship between behavior and B a death

24 about causation, which one of the following options is wrong?

A. a to the killing of its rival B, deliberately to buy tickets, the travel, B promised, but travel in unexpected tsunami death, there is no causal relationship between behavior and B a death

B. B a exploding grenades thrown into the lee side, Lee immediately be kicked, Wang killed, the causal relationship between the behavior and result of death B

Escape from C. C to kill children, children's father, Lee found to aid without assistance, leading to excessive blood loss and death of children, there is no causal relationship between C behavior and result of death

D. Ding in the cold winter for pleasure will be 500 yuan money thrown into the river, Li Mou to pick up 500 yuan jumped into the river and death, there is no causal relationship between the behavior and result of death

25 about causation, which of the following statements is true?

A. nail in the bus seat and be strangers to each other for the Tian quarrel, at each other during the scuffle, a push to Tian Zhang, who collapsed and died after induced cerebral haemorrhage, heart disease, a causal relationship between a behavior and result of death

B.A deliberately killed B, the coma, a mistake by death, in order to destroy everything, ethylene and threw it into the water, which was eventually drowned. In the case of a causal relationship between the error, there is no causal relationship between the behavior and the death of a B

C.A release of 100% lethal dose of poison B, B will die after 2 hours. In 50 hours and 1 minutes, shot and killed Zhang B. There is no causal relationship between a behavior and result of death

D.A kill B, B only minor injuries, but B because of superstition, and the incense ash daub cut, induced germ invades the body of death, there is no causal relationship between a behavior and result of death

26 about causation, which of the following statements is true?

A. after a hostage, the police in the rescue process took hostages as criminals are killed, there is no causal relationship between the kidnapping and hostage a death results

B. B shot is the center of the lake boating Li Mou, Li Mou but missed. Lee frightened, fell into the lake and drowned. The causal relationship between the behavior and result of death B

C. c enter Li Mou, Li Mou will be the bedroom door locked. In the process of propylene handling property, Lee woke up but not out of the room to stop the behavior of C. The causal relationship between C behavior and acquire property

D.In Lee's house to Lee beverage on sleeping pills, going to two hours after getting the property into housing. But Lee drink drinks out, B into take Lee residential property, the causal relationship between behavior and obtain the property of ethylene

 

About 27 of the special identity, which of the following statements is true?

A. the subject of crime of breakout including detention in accordance with the law, criminal suspects, defendants, but the main body of the crime of disrupting the order of supervision can only be detained in accordance with the law criminals, not including the suspect, the defendant

The main B. crime of illegal profiteering for relatives is a State-Owned Company, enterprise, institution staff, but the subject of crime of illegally managing the same business is the State-Owned Company, enterprise's board of directors, manager

C. harboring, shielding the establishment of the crime is criminal behavior person knowingly harboring, shielding, and implement the behavior, so the harboring, shielding crime belongs to the crime of identity

D. post office cleaners opening privately, destroying, mail, if the circumstances are serious, even if it be opinionated postal personnel (is not), is not set up to open, conceals, destroys mail sin, and does not set up other crimes

28 the crime of affray only punishment ringleaders and other active participants, so the ringleader and active participant belongs to the crime of affray identity

② with severe disease belong to the spread of sexually transmitted diseases in the crime of identity, but are not mandatory obscene, insulting women sin crime identity

Set the larceny behavior person has the purpose of illegal possession, therefore has the purpose of illegal possession belongs to the crime of theft of identity

Subject to the bribery crime must be a national staff, but the relatives of state functionary and non national staff, can become the bribery abettor or help offender

The four sentence, which of the following statements are true?

A. No.IISentence correctly, the③ theSentence error

B. No.① theSentence correctly, the② theSentence error

C. No.② theSentence correctly, the① theSentence error

D. No.② ③Sentence correctly, the① theSentence error

29About the unit crime, the followingWhich statement is false?

A. in the name of the unit or units organized people to secretly cross the national boundary (border) environment, although the criminal law doesn't stipulate the unit to constitute the organization people to secretly cross the national boundary (border) environmental crime, but it should be to organize people to secretly cross the national boundary (border) environmental crime investigation of the relevant natural person in the form of liability

BTo branches of the unit or internal organization name in the implementation of crime, the illegal income to the branches or internal institutions at all, because the branch or the internal mechanism is not available for enforcement of fine property, so only in accordance with the personal crime

CUnit crime is the unit itself. As the subject of the crime, rather than internal natural person crime set. Therefore, some units crime units do not need to have criminal intent or negligence of unit crime, and there can be no criminal purpose

DEven suspected of a crime unit, cancellation, revocation of the business license shall be revoked or declared bankrupt, as long as the provisions of the criminal law to implement the dual penalty system of unit crime should be punished, natural persons responsible, but also on the unit of fine penalty

30About the unit crime, the followingWhich statement is true?

A.AFalse registered capital of the establishment of import and export company, mainly engaged in legitimate business, after the company shareholders collective discussion, on behalf of the company car smuggling, sharing the interests.A set of smuggling ordinary goods, goods crime

B.B court collective research decision to accept bribes, and favoritism, felony qingpan court, ethylene unit bribery crime and crime of private law, one felony punishment

C.Acrylic factory plant cover, then the factory in order to fraud, collective research decision set fire to the building, then the claim to the insurance company, acquired 3000000 insurance. The factory set up crime of arson and insurance fraud, punishment

　　D.DingRegister a consulting company has been found for other losses, falsely making out special invoices for value-added tax can be profitable, as the main businessThe,Ding Chengli falsely making out special invoices for value-added tax crime

31 twentieth "criminal law" the provisions of the first paragraph: "in order to enable countries, the public interest, the person himself or herself or others, property and other rights from the ongoing ____, and to the suppression of ____ behavior, damage to the ____, belonging to the ____, he shall not bear criminal responsibility." The second paragraph: "____ exceeds the limits of necessity and causes serious damage, he shall bear criminal responsibility, but should be reduced or exempted from punishment." The third paragraph: "the assault, murder, robbery, rape, kidnapping and other serious endanger the personal safety of the ____, take ____ ongoing unlawful infringement, causing casualties, does not belong to ____, he shall not bear criminal responsibility." The blanks:

A. has 2 to fill the "unlawful infringement", 3 fill in "self-defense"

B. has 3 to fill the "unlawful infringement", 1 fill "excessive defense"

C. has 2 to fill the "unlawful infringement", 2 fill in "self-defense"

D. has 1 fill "defensive behavior", 2 fill "excessive defense"

32According to the theory of criminal law, ____ refers to the objective stopped being infringed, but no intention of defense situation subjectively

According to the theory of criminal law, think there is illegal violation of reality and the implementation of the so-called "defensive behavior", called ____

According to the provisions of the criminal law, "____ exceeds the limits of necessity and causes serious damage, he shall bear criminal responsibility, but should be reduced or exempted from punishment"

According to the provisions of the criminal law, "to murder, robbery, rape, kidnapping and other serious violent crimes endangering personal safety, take ____ ongoing unlawful infringement, causing casualties, it is not undue defence, and he shall not bear criminal responsibility"

The blanks should fill in the order:

A. accidental defense: the defense is not timely and legitimate defense, justifiable defense

B. provocation defense: the defense is not timely - act of defense - defense behavior

C. accidental defense - defense, justifiable defense - defense behavior hypothesis

D. accidental defense - defense and excessive defense, justifiable defense

33About the justifiable defense, which of the following statements are true?

A. found that Lee production, sales and shoddy products, and will Lee to minor injuries, causing Lee in the subsequent three days can not producing, selling fake and inferior products. Because a stopped being infringed, so a acted in self-defense

B. Lee knife robbery taxi driver a, forcibly snatched off property after the escape. A car chase, chasing 200 meters after Li Mou will be seriously injured, and the return of property. Because of Lee's unlawful infringement has ended, so a behavior is not justifiable defence, and belongs to the self-help behavior beyond the law

C.A hand-held dagger for robbery target, suddenly encountered a mental patient Wang knife attacks. Wang pursued a to a dead end, a forced, and C fight, the seriously wounded. BecauseThe mental patient without ability of responsibility,The behavior of WangDoes not belong to"Illegal"Infringement,So a behavior is not justifiable defence, and belongs to theThe emergency

D. A is Zhang down, picked up a brick thrown Zhang in the escape process will run, Zhang and nearby Ding hit seriously. A crushing Zhang is justifiable defence, and crushing the ding is not justifiable defence

34About the justifiable defense, which of the following statements is true?

A. defense is not timely, provocation defense and excessive defense situation may be established intentional crime, but the imaginary defense belongs to the fact error, can not be set up in intentional crime

B.B using ecstasy in the bathroom break C anesthesia, robbery by mobile phone ready to flee the scene. It was the waiter a catch, a property to retrieve the propylene ethylene killed after. A behavior is not set up special justifiable defense, which belongs to the afterwards defense behavior

C. over defense, shall bear criminal responsibility, but only on its behavior should not harm results bear criminal responsibility, but not all of its damage to undertake the criminal responsibility

D. not as a way for the implementation of the law profit violation behavior, does not belong to the unlawful infringement, can not be justifiable defence of its

About 35 of excluding criminal causality argument, which of the following statements is true?

A.A being B to kill, panic took C motorcycle (value 12000 yuan) on the run, C was broken fracture. A later for concealing the facts, will be the destruction of motorcycle. A behavior belongs to the emergency, after the destruction of motorcycle behavior belongs to the emergency follow-up actions, not to set up crime

B.ChildrenBLiving in poor families, a consentBThe parents agree, willBSold to the rich. Got a behaviorBEffective commitment to parents, and conducive to the growth of children,Belongs to the victim behavior effectively, thereforeDoes not constitute the crime of abducting and trafficking in children

B in C. patients, doctors and patients families unable to contact a in patients unable to obtain consent, in order to help B, while the B to B treatment behavior harm body recognized medically, objectively. The concurrence of a behavior belongs to the act of rescue and the constructive consent

D. a to B of unlawful infringement is implemented in self-defense, pass by propylene mistook a are deliberately hurt others, and violence against a. Results a wounded C, C will also be a wounded. A, C two people mutual harm behavior has no legitimacy, which belongs to the imaginary defense 

About 36 of excluding criminal causality argument, which of the following statements is true?

A. a B commissioned its custody of the notebook computer (value 15000 yuan) take forcible possession of illegal, unauthorized sale. B informed to the computer to send and armour, and recognize a sale. A behavior does not constitute embezzlement, because after effectively promises B

B.B into the elevator, a shutdown of power, that power, that B can't get out of the elevator. A behavior crime of false imprisonment, because B on freedom is deprived of the basic facts of the lack of correct understanding, the commitment is invalid,

C. a to B to sell a kidney, and promised to give 300000 of B. A take B in kidney and re sold, only 30000 yuan to B. Because B commitment to serious injury is invalid, a removal of kidney acts constitute intentional injury (injured) crime; hand after kidney sales behavior constitutes the crime organization sell human organs 

    D. a consent of parents of children agreed and adopted children's behavior, which belongs to the victim of effective behavior, not a crime; I agree with children and adopted children's behavior, the establishment of crime of kidnapping children, because children are my commitment is invalid

37 A B to kill, picked up a stone and threw behind B in the process of escape, the B hit seriously, at the same time, just from here through C on injuries. About the case, which of the following statements is true?

A. a B behavior was established by justifiable defense, not to set up crime

B. a to C crushing behavior set up imaginary defense, the establishment of negligence mayhem

C. will be the same behavior as both a justifiable defense is the imaginary defense is not a contradiction

D. a behavior belonging to the concurrence of self-defense and defense, only identified as justifiable defense

38 the cognitive factor in the criminal intention required people recognize that all facts constitute a crime

The establishment of any crime, require the subjective intent or negligence of crime psychology

Unable to determine the behavior of the people is the intentional or negligent of deaths caused by the behavior, not bear criminal responsibility

The objective illegal facts are the same, if negligence crime, the intentional crime must also

The 4 sentence of judgement, which of the following statements are true?

A. Article II. Sentence correctly, the sentence error   B. Article II the sentence correctly, first the sentence error

C. Article II. The sentence correctly, the first sentence error   D. Article II. The sentence correctly, the third sentence error

39Concerning sin, which of the following statements is true?
A.Even if a did not realize that the other party is or may be under the age of 14 young girls, but with precocious sexual relationship, has intentionally the crime of rape, but did not have the intention of carnal knowledge of a child

B.Although the illegality cognition does not belong to the content of intention, but if a do not know their offense and make it so it is impossible to know their behavior will cause socially dangerous consequences, no criminal intent

C.Don't know foreign language, although aware of their selling pirated books and periodicals, but did not recognize the foreign books and periodicals of obscene. A although did not have the intention of selling pornographic articles for profit crime, intentional but crime of selling infringing duplicates

D. aBehaviorCausing death,Even if the behaviorAOnlyShould foreseeMakeHarm others injuredAlso, to determine a behavior set up the crime of negligence causing death

40Which one of the following actsNo.CompositionIndirectIntentional crime?

A. a that the housing Feng Shui B, then set fire to the B residential, and laissez faire will sleep burnt in Room B

B. nail is a hare and a possible error is near the fruit B to ignore, and caused the death of shot B

C. a result of crime were B arrested on the spot, to get away, a take out a dagger to B, so B heart pierced die

D.A B a B intent to kill, that night, that set fire to the duty room, but will replace B shift C

41 concerning sin, which one of the following options is wrong?

A. nail for killing his wife, his wife put poison in the food, watching his son and his wife eat food without making any representation, leading to his wife and his son were poisoned to death. Direct intention to mind a for his wife's death, the death with indirect intention

B.A horse drawn wagon, horse unexpectedly frightened after running to the sidewalk. A while recognizing that does not stop the horse running may cause other casualties, but in any case can not stop a horse run, resulting in others injured. A behavior is not resistance, not to set up crime

C.A, B is a construction worker. One day, two people of a dispute at the site, a pushing Otsuichi to put down the back of the head, B touched the stone, concussion, causing cerebral thrombus attack, after rescue invalid death. Despite the existence of a causal relationship between behavior and B a death, but B death belongs to the accident, a do not bear criminal responsibility 

D. nail in the journey, was suddenly B insults, he pulled a gun on a B. In a not yet decided to kill B B B or injury scare, gun fire, bullet is shot to death B, B. The causal relationship between behavior and B a death, the death of a to B a negligent attitude

42 of negligence, which of the following statements is true?

A. car driver a driving a car in a closed the highway, due to reasonable trust others not across the road and normal running, if others illegally crossing the road was run over by cars, do not bear criminal responsibility, criminal negligence

B. director B arbitrarily decided to expensive equipment piled up in the open air, due to lightning fire and destroyed equipment. B the burning of the equipment bear criminal negligence liability

C. engaged in scientific experiment C foresaw the test failure possibility. But followed scientific test rules, the final test failed, causing major losses, the criminal responsibility of C does not bear criminal negligence

D. in the surgical operation, behavior of nurse doctor Ding supervised obligation, because if the nurse's negligence caused major medical accident, Ding should bear the crime of negligence on the responsibility of the accident

About 43 of the intentional crime, which of the following statements are true?

A. aThe intention of stealing firearms, actually stealing ammunition. Because a only stealing guns intentionally, so a set of stealing firearms crimes (attempted), but the fault of stealing ammunition behavior was not a crime

B. aThought the coma Otome dead and the implementation of rape behavior. A not on the subjective guilty of intentional crime of rape, so it does not constitute the crime of rape; in fact the case does not have a body, so will not constitute the crime of insulting corpse

C. nail for smoking intention to strike a match, but the carelessness that caused the fire. A match "intentionally" is not the criminal law on the crime intentionally, so a not intentional crime

D. a knowing that their young girl out of the river, but that he did not help but no bailout, the woman drowned. A do not realize that they are as relief obligations, no criminal intent, it was not intentional homicide

44 A (male), B (female) planned to sell as Ding, and some good money to escape. A find acquaintances C, and tell yourself for abducting women C B, C to our requirements will sell ding. C for gospel truth, contact stung treng, will b to D to 100000 yuan. That night, a money fled together with B. About the case, which of the following statements is true?

C A, B use without the knowledge of the A. implementation of the fraud, so the establishment of the crime of fraud accomplice, belongs to the indirect principal offender

B. C objectively in the implementation of fraud, so a, B, C was an accomplice in the crime of fraud, a, B is the instigator, C is the perpetrator

Intentional C. C with trafficking crime in the subjective, but objective implementation of fraud, due to the subjective and objective are not consistent, so the C does not set up the crime of abducting and trafficking in women, nor the establishment of the crime of fraud

Although D. Ding intention of buying abducted women, but does not exist objectively abducted women, so the Ding's behavior belongs to non criminal impossibility, was not buying abducted women sin

45 on the fact cognitional error, which of the following statement is wrong?

A. methyl in killing Wang mean drove Wang hit faint, mistakenly think that the dead, for the destruction of evidence and Wang buried in the suburb. After the identification, Wang was not killed but died of suffocation. This prior to the intentional case causality errors, the causal link between the act of killing a and Wang's death, a set of intentional homicide (accomplished) a crime

B. B for killing her husband, ready to toxic Coffee intend to husband came home to her husband to drink. The husband came home to the supermarket shopping, B. But in the second home, the husband came home early to drink Coffee and death. This belongs to the crime constitution ahead of schedule to achieve the situation, B has begun to implement the act of killing, the establishment of crime of intentional homicide crime

C. C to seek illegitimate interests, give a company staff Lee 100000 yuan favour fee, but C afterwards know Lee belonging to national staff. C objective implementation of bribery behavior, but the subjective only for non national staff bribery crime intentionally, belongs to the abstract cognition errors of facts, in accordance with the statutory compliance with said, was established for non national staff bribery crime

D. Ding think 13 years old Lee (female) has over 16 years of age, and the kidnapping of betray. This belongs to the fact error, processing error of the application object, whether in accordance with the specific coincidence or that is to say, a crime Ding just established a child trafficking crime

46 A (74 years) to B (17 years old), C (15 years old) robbery Ding property. B, C climbed into the Ding house in the middle of the night, to see a man lying on the bed, then that is D, B, C uniform each other after be searched, but have gained nothing. B, C to D hand over money, then Ding taken near a deserted hut, then held for 25 hours, B found tied to the wrong person, after interrogation that foreign workers e, had to e back. The 2 years later. In this case, which of the following statements is true?

A. a, B, C three set up the robbery accomplice instigator, a, B, C is the perpetrator; B, C the accomplice in the crime of illegal detention within the scope, but C does not reach the criminal legal age, not to set up the crime of illegal detention

B. a, B, C three of people are not able to apply the death penalty; and for a both may be given a lighter, mitigated punishment plot, and shall be given a heavier punishment plot

C. B, C robbery not succeed is the active release by behavior, so the desistance of crime; but a unfinished crime is the factor which will, therefore belong to attempted crime

D. this case the presence of specific understanding of the facts object error in error, no matter according to the specific coincidence or statutory compliance with said, that will not affect the intentional crime

47A (fifteen years old)For the implementation of theWhich of the followingSomeBehaviorShall bear criminal responsibility?

A. use violence to force others to buy their goods, others will seriously wounded

B. hijacking aircraft used in the process of violence in the wounded

C. for extortion kidnapping, by binding tightly the kidnapped person died of suffocation

D. is the trafficking of women and the use of violence, the victims seriously wounded

E. the use of violence coercive indecency, insult women, the women injured

F.The intent to defraud insurance money to Zhang,Set fire to the house of Zhang, triggered a fire

G.Involved in drug smuggling, drug trafficking and in the process of violence to resist anti smuggling, smuggling personnel injury caused by

H. is involved in forced prostitution prostitution as a group, forcing women, on women's rape

I. participate in the affray, causing serious injury, death of the victim

J. inThe "looting", the destruction of public or private property

K. rob other people's property, to resist arrest victim seriously wounded

L. carries a homemade gun powder captured women Zhang satchel, did not use the powder gun

M. by modifying the relevant personal information become policemen, violence, causes witness rescue invalid death

N. use violence to force the labor of others, so that others are seriously injured

O.In order to help Lee for debt, seized the victim Wang Mou, Wang Mou death cause

POrganize people to secretly cross the national boundary (border) throughout the process, which was seriously injured, the death of the organization

48 by the judicial organs to identify, minor armour implemented the following behavior:

114 years old birthday to harm others, three days after the victim's wounds and died

②The 14 birthday that day in the others put poison wine, and the wine in the wine. The next day, a see the victim when drinking did not make any representation, the virus had died

The 15 years old birthday in B (16 years old) kidnapping, after the killing of hostages and B together

The 16 years old birthday with ethylene (15 years old) agreed the next day at four o'clock in the morning to theft. A stolen 300 yuan, B stolen 5000 yuan, two people and then on the spoils

About the behavior of armour, which of the following statements is true?

A. act does not constitute a crime, the behavior of the crime

BIn a set. The behavior of omission crime of intentional homicide

C③. Behavior in a set of intentional homicide, B established kidnapping crime, two people the accomplice in crime of intentional homicide

D. behavior in a set of theft (attempted), the amount of 300 yuan, 5000 yuan a to B because of the theft of irresponsible

49 about crime, which of the following statement is wrong?

A. because of all the criminal negligence are required to cause harmful results, so the negligent crime does not exist unaccomplished crime

B. mens rea and take the initiative to give up the intention to commit a crime, crime termination, but after the accomplishment of impossible crime discontinuance

C. the same behaviors can be is the preparatory behavior for a crime one crime, also may be other criminal action

D. mistakenly fitness medicine as poison into other food (no poison, no drug around fitness) crime

About 50 of the attempted crime, which of the following statements is true?

A. nail inThe night of violence to the rape of women, but in the process of the implementation of violence found each other acquaintances, then give up the rapeThe establishment of rape, a suspension

B. B is going to steal the cash, but found the gem, but only to steal jewel, not stealing cash. For cash, B the suspension of crime; crime accomplished for jewelry, B

C. C in the killing of Lee's process, and ran away because of the arrival of the police, the C after ideological struggle, dispel continue to kill Li Mou. By C a waiver of homicide not yet accomplished, so C crime discontinuance

D. Ding into banks, to open the safe and found only 300 yuan, Ding take money away from the scene after the. Although Ding has achieved 300 yuan, but did not reach a larger amount of requirements, its behavior should be identified as attempted crime

About 51 of the attempted crime, which of the following statements are true?

A. drug trafficking of a collect money buy drugs, but not the drug delivery and buyers was arrested by the police. Because the crime of drug trafficking for the purpose of profit, so a charged drug payment on the establishment of drug trafficking crime (crime)

B. B fire, without the accomplishment circumstances, shouted "fire", left the scene. The masses around in time to put out the fire. The suspension was not require discontinuation behavior independent crime prevention results occurred, so B behavior was arson (stop)

C. C knife to cut lying in bed, his ex-wife B, cut several knife found C his daughter, with the daughter of a hospital emergency escape. This belongs to the understanding of the facts object error in error, a behavior was intentional homicide (stop)

D. Ding female and Lee adultery, the husband Wang Ding intention of poison.Lee will poison to Ding,DingThe poison mix vegetable.When Wang was just about to eat, Ding Xinsheng regrets, prevent Wang continued to eat. Ding and Lee set up the crime of intentional homicide of an accomplice, Dante desistance of crime, Li Mou belong to attempted crime

52 A and B are neighbors, one day a pry the door into the room B B. After beating B to B for money. B opened the drawer and took out a $5 to a, said: "I am here only so much." A great anger, will be 5 yuan back to B, and said: "it seems you need more than I do these 5 yuan of money." A common second quite pretty, put forward the request to B, and strong pull B. B said: "you have hit the dizziness, uncomfortable, I went to your home in the evening." A consent, then return home. A go B report, Jia was arrested. About a behavior, which of the following statements is true?

A. constitute the crime of robbery suspension                 B. constitute the crime of robbery attempt

C. which constitute the crime of rape attempt                 D. which constitute the crime of rape suspension

53At aboutIntent crime,Which of the following statements is true?

A. a framing the intention of B, then B 1000000 yuan up corruption crime fact, wrote an anonymous letter to the people's Procuratorate anti corruption bureau. Procuratorial organs investigation found that the non-existent corruption facts, criminal responsibility shall be investigated for Yi Wei. A to B by criminal intent failed, so a behavior constituted the crime of false accusation (attempted)

B. C for his brother B to escape punishment, to hear a case B is suspected of illegal detention of collegiate bench trial long a cheque of 50000 yuan. In the judicial committee, a to B exculpatory, but failed, so will receive a check returned to C. A failed to seek benefits for others, but not for bribery, so a set of bribery behavior (attempted)

C. B asked a buy medicine of stomach, but will be a poison to B. B found in taking the drug problem then the discarded. A generation of remorse after second days to call and tell the B B. Because a waiver of their crime, therefore a crime of intentional homicide (stop)

D. B returned from abroad, to the friend for many years a gold watch. A suspect is a fake, and blandishments cheat C, to watch the price (20000 yuan) to propylene. After the identification, the table is genuine goods at a fair price watch. A objectively without cheating, and C no loss of property, so a behavior belongs to the non criminal impossibility, not to set up crime

About 54 of the attempted crime, which of the following statements is true?

A.A counterfeit cash cheque (par value 30000 yuan) to a state-owned bank staff B, B is found to be counterfeit cash checks, but for some reason (there are contradictions and Leadership), still as a payment, will be 30000 yuan in cash delivery to a. Constitute a crime of bills defraud (attempted), B constituted a crime of corruption (accomplished), a and B, not an accomplice

B. B sat on the tricycle, the bag in the legs, hands in the bag. A grab bag and ran, immediately after the victim, and crying thief, a running 20 meters and ran to the front of the bag and throw it to B, B, said: "please, don't cry, you this broken voice shouted I have nausea." The establishment of a robbery (stop)

C. a, B, C as blackmail kidnapping Lee, Lee was a scold almost mental breakdown. In order to strengthen the crime determination, a, B, C, Li Mou will be buried alive, but Lee was peasant digging accidentally discovered, and successfully rescued. A, B, C three set up the crime of kidnapping, "kidnapping for killing the kidnapped person" legal punishment, also attempted punishment

D. a to their children, a mother's hands from a girl out, and pay the fee 500 yuan. After a baby is disabled, the contact person, to 1800 yuan to the price sold to others will baby. One day, by the public security authorities arrested a holding the baby girl and pick the baby buyers transactions. A set of abducted children crime (crime)

55 A, B two burglaries, landlord was C find and pursue to the wild. A, B two people to resist arrest, using C bars slam prepared head, cause C shock. A, B that C has been killed, then left the scene. After C wake up, after inspection is only slight injury. About a and B, two people's behavior, which of the following statements is true?

The establishment of A. theft (joint), the crime of intentional homicide (joint), it should be combined punishment

The establishment of B. (robbery accomplice), belongs to the "criminal law" stipulates that the 269th cases of robbery after the event

C. belongs to the robbery causing death situation, application of aggravated punishment, and applies the attempted punishment

D. has the robbery of housebreaking and robbery two statutory penalty of death upgraded conditions

56 which of the following statement is wrong?

A.A night of latent B B B from murder, outside the window bed fierce shot, the actual bed no (B 2 minutes ago Restroom). Constitute a crime of intentional homicide attempt

B．A violent robbery women B property, the B request, a decision not to rob, but then the implementation of the act of indecency, and while B turned dress occasion, a focus their belongings away. There is no causal relationship between violence and take a property, a set of robbery attempt; take the behavior of property on the other was accomplished larceny

C. a to kill intentionally homicide, B the injury will not die. A subsequent drive b sent to hospital for treatment, because the C illegal driving traffic accidents, B was killed in a traffic accident. A set of intentional homicide suspension

D. a murder, when the victims injured abandoned behavior. A behavior was intentional homicide (suspension) and the crime of intentional injury (injured), belongs to the imaginative joinder of offenses, one felony punishment

57 A (male, 20 years old), B (male, 15 years old), C (male, 13 years old) and three female rape ding. After the B, C two implementation of the rape behavior, a think Ding women are poor, and give up the implementation of rape behavior, and Ding girl sent home.About the case, which of the followingSomeOptions areCorrect?

AA, B two people constitute the crime of rape, but C under the age of 14, so it does not constitute the crime of rape

BA, B, C three constitutes the crime of rape accomplice, indirect principal offender a, B does not constitute the crime of rape

CA, B two people set up the crime of rape crime, and in accordance with the gang rape of the punishment to be upgraded conditions

D., the initiative to give up the rape behavior, to withdraw from the complicity of rape, establishment of suspension

58 about the joint crime, which of the following statements isCorrect?

A. a B for his theft lookout, was the victim found a theft, armor to resist arrest and to victims of violence behavior. A and B, the establishment of the accomplice of larceny, the establishment of a set B theft, robbery

B. a, B that deliberately stealing state secrets to the crime of illegally obtaining state secrets intentionally common theft of state secrets. A and B, the establishment of the crime of illegally obtaining state secrets of the accomplice, a set of stealing state secrets sin for overseas, B established the crime of illegally obtaining state secrets

C. a to B street robbery, while B receive instigation after the robbery of housebreaking. A and B, the establishment of an accomplice in the crime of robbery, as part of the full liability principle, two people bear heavier punishment responsibility

Deliberately, B D. a kidnapping to deliberately illegal detention, to jointly implement the detention behavior of C. A and B, the establishment of the crime of illegal detention of the accomplice, a set of kidnapping crime of false imprisonment, B

59A, B, C conspiracy to "severely punish" their common enemy ding. To Ding Jia, a lookout at the door, ethylene, propylene in playing ding. But only Ding buddy Tian at home, ethylene, propylene mistook the physical characteristics and Ding Ji similar Tian as Ding were beaten by Tian, strong resistance and abuse, two to the Tian on the head, will be killed on the spot. After the autopsy showed, Tian had a fatal wound, but unclear B or C is to Tian to death. Treatment on the case, which of the following judgmentError?

A．The existing object error, according to the concrete meet said, a, B, C to D attempted crime is established, the Tian crime accomplished

B．B, CThe behavior and Tian causal relationship exists between a death,AThe Tian death also to bear criminal responsibility

C．Because of unclear Tian death results who caused, so a, B Two set up the crime of intentional homicide (attempted)

D．A, B, CThe establishment of the crime of intentional injuryAccompliceA set, intentional injury crime (lethal), ethylene, propylene established intentional homicide (accomplished)

60 about the joint crime, which of the following statements are true?

A. a that B violence forced labor of others, for the recruiting, transporting personnel. A and B, constitute the accomplice of the crime of forced labor, for a "criminal law" should be based on the provisions of the first paragraph of article 244th of the forced labor with the help of the crime committed crime

B. a that B is guilty of theft, forgery, but for the destruction of relevant evidence of a crime. A and B, joint crime, but a form to help destroy or falsify evidence, crime of theft, B

C. a that B organization prostitution, as its recruiting, transporting personnel. A and B, joint crime, but a form of assisting in the organization of prostitution, B to constitute the organization prostitution crime, to a not in accordance with the organization prostitution crime of helping criminals be punished

D. a way to suborn perjury indicating witness B, B therefore perjury. A and B, constitute perjury accomplice instigator, a, B belongs to the crime