Liu Zhongxin, according to the 2012 new "criminal procedural law" to a detailed analysis of judicial examination in 2011 criminal law questions and answers (below)        

        

        Three, uncertaintyItemSelectedAlternative title. EachQuestionsTheSet selectionItemIn at least one correct answer, moreSelectedLessSelected,WrongSelectedOr notSelectedDid not score.

   Three.

According to the relevant legislation and judicial solutionReleaseTheGaugeSet,YesBe sentenced toAtDeath penaltyCorrosionPeriodHoldDefendants in line withWhen theDecisionYesThe restrictions on commutation, which involves the relevantLitigationAspects of the programThe problem.PleaseAnswer ninety-second - 93Questions.

92 on the criminals can apply the death penaltyCorrosionPeriodHoldRow limit commutation cases, the followingSelectedItemCorrect.

　　A.TieFrame a case

B.RobRobbery cases

C. explosion cases

D.GroupFabricThe violent cases

   [answer] ABCD

    [D] 2 year stay of execution changes

    [analysis] criminal law amendment eight to Article fiftieth of the criminal law is amended as: "sentenced to death with a suspension of execution, the execution period, if not intentional crime, after the expiration of 2 years, to life imprisonment; if there are major meritorious service, after 2 years, reduced to 25 years in prison; if the intentional crime, verification, approval by the Supreme People's court, execution. To be sentenced to death with a two-year suspension of execution, a criminal element sentenced to recidivism of death sentence with a reprieve for intentional homicide, rape, robbery, kidnapping, arson, explosion, dissemination of hazardous substances or organized violent crime, the people's court according to the circumstances of the crime and so can also decided on the commutation limit." Visible, kidnapping, robbery, explosion cases, organized violence cases are in the range of restrictions on commutation. Four options are correct.

93 highLevelCourtThe trialJudgeAtDeath penaltyCorrosionPeriodHoldNo restrictions on commutationV.The case,ThinkThe original judgmentRealClear,CardAccording to the full, but it is necessary to limit the commutation, the followingAtProcedure is correct:

A. directly to

B.HairBack to theThe trialSentenced

C.DimensionThe original is no longerCorrectionPositive

D. twoThe trialJudgment becomes effective, according toThe trialSentencedThe prisonAnd the program againThe trialSentenced

    Answer.D

    [D] suspended the death penalty2Implementation of change

    [analysis] the Supreme People's court "about restrictions on commutation of suspended death penalty trial procedures of the provisions of a number of issues" article4Article1Paragraph: "the Supreme People's court sentenced appeal no restrictions on commutation of sentence, that the facts are clear, the evidence, but should be restricted to commutation, not directly to, or remand the case for retrial. It is necessary to limit the commutation of sentence, shall definitely, ruling effect in second after the trial, the trial in accordance with the procedure for trial supervision again." Visible, optionsDCorrect.

Four.

Lee, Ruan Mou holds a foreignSupportAs suspectedTraffickingDrug crimeCheckPolice authoritiesV.To the city ofLevelCourt.PleaseAnswer ninety-fourth - 96Questions.

94 such as Lee, ruanmouYesThe alleged crimeRealAsDiscussionAnd voluntaryRecognizeCrime, the followingSelectedItem"Prejudice the application of apply the ordinary procedureThe trialThe theory "the defendantRecognizeOf cases of crime "See(TestThat's OK.

A. Lee, ruanmou hold a foreignSupportAccording to

B. Lee may be sentenced toAtLife imprisonment

C. Lee left legYanMultiple disabilities

D. ruanmou systemHuaiPregnancyWomenFemale

    Answer.A

    [D] defendant confession cases

    [analysis] the Supreme People's court, the Supreme People's Procuratorate, the Ministry of justice "on the application of ordinary procedure" defendant confession cases "several opinions(Trial)"Article2Article: "the following case does not apply in this opinion trial:1, the defendant is blind, deaf, dumb people;2, may be sentenced to death;3Crimes committed by foreigners;4, there are significant social impact;5The confession of the defendant, but the review that may not constitute a crime;6In some cases, common crime, the defendant not guilty or not to agree to apply the views of trial;7This opinion, other is not appropriate for the case." Visible, optionsA,Lee, ruanmou hold a foreign passport,Belongs to the crime is not applicable to foreigners, "several opinions about the ordinary procedure for trial" defendant confession cases "(Trial)".

95 about Lee, ruanmouLitigationRightLee and the caseLitigationProgram, the followingSaidThe correct method is:

　　A. even Lee, ruanmou canEnoughThe use of Chinese exchange, alsoShould beWhenXuThe use of their ownLanguageWordsInto theThat's okLitigation

B. Lee, ruanmou served in textLitigationThis paperThe bookWhen theLee, Ruan Moutong, can be attached toXiaoForeign languageTranslationThis

C. Lee, ruanmou can only entrust withChinaThe people's Republic of China LawDivisionCapitalLattice and to makePracticeCertificateThe lawDivisionAsIn order to debateSupportPeople

D. in ChinaConclusionOr in the countryInternationalArticleAboutIn a criminalLitigationThe specific proceduresGaugeSet,The trialScienceTheCase appliesTheArticleAboutTheGaugeSet

    [answer] A

    [center] unique principle in foreign criminal procedure

    [analysis] Supreme People's Court on some problems in the implementation of "the people's Republic of China Criminal Procedure Law" the 319th stipulation: "the interpretation of people's court trial of criminal case concerning foreign affairs of the people's Republic of China, using the universal language, text, shall provide translation for the foreign defendant. If a foreign defendant know China language, text, translation to others, should be a written statement issued by himself, or his oral statement recorded in the volume. The litigation documents shall be attached to the text, the familiar foreign language translation, translation is not affixed with the seal of the people's court, the Chinese version shall prevail. Translation costs borne by the defendant." Visible, the option A is correct, because even if the foreign defendant can use Chinese exchanges, they should be allowed to use their own language for litigation, however, must be provided for the translation. Option B, not "can", but "be" with the defendant in translation. The B option is not correct.

    Provisions on some problems in the implementation of "the people's Republic of China Criminal Procedure Law" interpretation of the Supreme People's court "article 320th: foreign defendant lawyer defense, as well as the plaintiff in incidental civil action, prosecutor attorney agent ad litem, shall entrust a lawyer qualification in the people's Republic of China and obtained a practicing certificate of lawyer in accordance with the law." Understanding of the law is the key to correctly judge the C option, the applicable provisions of the premise is "foreign defendant lawyer defense" is the only delegate object is a lawyer, to the lawyer's identity, it must be Chinese law practice of lawyers. When a delegate object is not a lawyer, is the other general counsel, that is not subject to the restrictions. Visible, the option C error.

    "For Chinese criminal law and abiding by the international treaties, combining the principles of" this is a unique principle of Chinese foreign criminal proceedings. Provisions on some problems in the implementation of "the people's Republic of China Criminal Procedure Law" interpretation of the Supreme People's Court: "317th international treaties concluded or acceded to by the people's Republic of China in about the specific provisions of criminal procedure, the provisions of the international treaty shall apply. However, except our reservations clause." Option D is wrong in the "apply", China has declared reservation clause is not applicable. Visible, the option D error.

96 such as Lee, ruanmou sentencedAtPunishmentPenaltyThe sameWhen theAdditional sentenceAtPenaltyGold, the followingSaidThe correct method is:

　　A. Lee, ruanmou in judgment of period of time is not enoughPaymentCourtShould beWhen in periodFull ofAfter theStrongSystemPay

B. Lee, ruanmou not allPay the penaltyGold, in the followingHairNowAvailableHoldThat's okPropertyThe court can chasePayment

C. Lee, ruanmou in judgmentAtPenaltyBefore the goldNegativeProperDebtWuRepayableAlsoThe,AfterDebtRightPeople put forwardPleaseFor, to beCompensationAlso

D. courtHairNowLee, ruanmou availableHoldThat's okPropertyNeedCheckLetter, seizure,Frozen, can takeCheckLetter, seizure,FrozenMeasures

   [answer] AC

    [D] fine

    [analysis] the Supreme People's court "about the provisions of article third provisions" execution of property punishment: "on the penalty execution, execution on the judgment, ruling within the time limit set is not paid in full, the people's court shall enforce payment at the expiration." Visible, A.

   The Supreme People's court "about the regulations of" execution of property punishment eighth provisions of the second paragraph: "person not to pay the fine in full, the people's court at any time to find the person subjected to execution has property for execution, it shall at any time." Visible, the option B error, not "can" but "should".

    The Supreme People's court "about the regulations of" execution of property punishment sixth provisions of the second paragraph: "before the property penalty execution to the legitimate debts, shall be repaid by the creditor, request, to be paid." Visible, C.

   The Supreme People's court "about the provisions of article fourth provisions" execution of property punishment: "the people's court shall be investigated in accordance with the law on the execution of the property status, discovery has property for execution, seizure, seizure, freezing of the need, it shall take prompt seizure, seizure, freezing and other enforcement measures." Visible, the option D error, not "can" but "should" take attachment, seizure, freezing and other enforcement measures.

 

Test Volume IV

 

Note: thisTestVolumeAs JaneAnswerQuestions, case analysisQuestions,TheoryTheQuestions.PleaseAccording to theQuestionsIn a sequenceThe paperYesShould bePositionThe bookWrite the answer, do not directly answer in the paper.

Three, (theQuestions22 points)

Case: at midnight on October 2, 2010, a city A District Public SecurityMemberIn theJurisdictionArea patrolThe logic at,HairNowRoadEdgeCall aA carThe carSitting in three yearsLightPeople (Zhu, especially a, Hemou) suspicious, namely forwardDiscCheck.AfterCheck, inTheThe carAfter thePreparationBoxHairNowTheft machineMotor carTools, then three peopleBeltBack to the District Public Security BureauInto theA stepThe trialCheck. The caseInvestigationCheckThe endLater, districtCheckCha yuan to the District CourtV..

(CardAccording to Zhu -- in)InvestigationCheckIn the way of committing the crime confessed, is 3 people ride in a carThe carIn the streetSearchFor committing a crimeStandardDetermine the purposeStandardBy Zhu, where aThe carTheft, then common pointsStolen goods. The crimeTooBy planning, refers to a processVolatile. In courtAdjustableCheckBearingRecognizePlayV. bookAccused of the crimeRealBut that, in theInvestigationCheckBeing criminalDispatchByInjury.

Especially in a --InvestigationCheckAnd ZhuMou statement is basically the same, but not for theRecognizeCrime by their planning, refer toVolatile. In courtAdjustableCheckIn a confession, not for theRecognizeInvolved in the theft machineMotor carCrime, saidYesZhu stealing machineMotor carWithout the knowledge of, and claimed atInvestigationCheckBeing criminalDispatchByInjury.

What a -- beginningThe endWhether or notRecognizeParticipate in crime. That caughtWon theOn the same day from the city of C A, home to play, and the original accidentUnderstandingZhu, especially a dinnerRiceRecoil atThe carLiIdleChat, just by the public security authorities arrestedWon the. That never A city Zhu, especially a common theft, and claimed atInvestigationCheckBeing criminalDispatchByInjury.

The public security organs -- On Zhu, especially a confession of ten cases of nuclearRealRecognizeThe city of AHair3 cases of students, and followLineCable to find victims, made itNewspaperCase material and the victimChenThe.AdjustableTake a caseHairMoreRecordLike,ExplicitThe Zhu, especially a theftAfter a car. According to Zhu, especially inInvestigationCheckOrderA confession,RecognizeWhat a participation in the March 19, 2010 theft machineMotor carThe case.

He MouDebateSupportPeople -- reported seeing Zhu, especially one, he was in the materialInjuryAfter the packageYarnCloth photos, and provides 4The bookSurface material: (1) He MoufuDearTheThe bookNoodlesCardWords: before and after March 19, 2010, Hemou for fighting by the local public security organs inform waiting at homeAtScience, not to go out. He left the city of C; (2) in April 5, 2010, the public security organHairThe administrativeAtPenaltyNoticeThe book; (3) an organ in C city workYuan ZhaoSome of theThe bookNoodlesCardLanguage: the March 19, 2010 caseHairBefore and after the,AfterAnd he together to play cards, where a call, periodBetweenDo not leave C; (4) where a girlfriend fanThe bookNoodlesCardWords: 2010 MarchBetween, he stayed at home, IErPlaying cards with my friends, not to leave the C city.

CourtThe trialThe court sentenced)The trialOf the 3 defendants, allegedInvestigationCheckPeopleMemberPunishmentDispatch.DebateSupportPeople put forward, see Zhu, especially one, he was in the materialInjuryAfter the packageYarnCloth photos, confession of Defendant SystemTooPunishmentDispatchA confession by torture, illegalCardAccording to,Should beWhen excluded, asked the courtAdjustableCheck. The publicV.Human antiBargeThe accused, byInjuryBecause the arrestWhen the3 people have fled and resistance lineFor theCause, andInterrogationIndependent, but did not provide relevantCardAccording toCardMing. CourtThink,DebateSupportSatisfactorySeeNo footEnoughAccording to the, began toYesThe caseInto theThat's okRealBodyThe trialScience.

CourtAdjustableCheckAccording to Zhu, a confession,RecognizeFixed a particularFor thePlanning, refer toVolatile, Department of principal.

　　The trialThe reason, He MouDebateSupportWho provided the courtCardMing he did not commit the crimeTime4 copies of theThe bookSurface material. CourtThink,V.We provide the guiltyCardAccording toRealTo the full.DebateSupportTo provide material was not sufficientCardWhy a recordHairDid not comeTooThe city of A, and the material is not relevantJointSex, notNa.

Finally, the courtNaIn theInvestigationCheckIn Zhu, especially a confession penRecordThe victimChenThe,NewspaperCase material,The prisonControlRecordAs forFor theVerdict,RecognizeFixed a particular, Zhu, Hemou constitute theft (especially aFor theThe principal), dividedDon'tSentencedAtA jail term of 9 years, 5 years and 3 years.

　　The problem:

1 courtYesIn theDebateSupportThe exclusion of illegalCardAccording to thePleaseAskAtScience is correct?For theWhat??

    Incorrect. Because according to the "rules" about some problems of exclusion of illegal evidence in handling criminal cases, the court shall start on whether the investigation procedure evidence illegally obtained. In this case the defendant confession system called the torture to extract confessions, counsel raised the exclusion of illegal evidence request, and have some evidence to support, the court in the prosecutors have no evidence to support the case, not doing research is adopted the interpretation, is not correct.

2 if the courtYesCardAccording to legal doubtsAsk,Should beWhen and howInto theThat's okAdjustableCheck?

    According to the "rules" about some problems of exclusion of illegal evidence in handling criminal cases, the court shall be carried out as follows: (1) the investigation shall request the public prosecutor for interrogation, interrogation recording original or other evidence to the court, the court drew notice when the interrogation in other field personnel or other witnesses to testify in court. (2) still can not rule out the suspicion of torture to extract confessions, the public prosecutor shall be submitted to the court notice the interrogators to testify in court. (3) the public prosecutor in court is not proof, can suggest the postponement of the hearing. (4) both sides can legitimacy confession to cross examination, debate. (5) the legitimacy of the confession of the accused, if the public prosecutor does not provide evidence to prove, or evidence has been provided that is not true and sufficient, the statement can not be used as the verdict.

3 courtYesEspecially in a crimeRealTheRecognizeDecide whether to haveAfterTo achieveRealClear,CardAccording toRealTo the full?For theWhat??

    No. Because according to the "Regulations on handling death penalty cases reviewed to determine the rules of evidence problems", in a case of joint crime, the defendant's position, must have found out, is the basic element, the evidence is sufficient. In this case only according to the accomplice ZhuMou statement that a particular planning director, no other evidence.

4NowYesCardAccording to whether theCardWhy a crime?For theWhat??

    Can't. Because according to the "criminal law" and "the death penalty cases the judge to review evidence concerning the provisions of a number of issues", guilty, must be sufficient evidence. The court found Hemou crime evidence, Zhu, especially one in the investigation of the affidavit which have not ruled out the torture to extract confessions may report material; only the victim stated transcripts and vehicle theft proof vehicle theft, unable to prove who is the thief; surveillance video that Zhu, especially a implementation of the one where the crime; a defender to provide crime when he was not in the 4 evidence to the scene, the court did not find out the truth. Therefore, the existing evidence not ruled out the possibility that he is not a crime, not the only conclusion is that a crime, what evidence do not fully.

5 how to judgeCardAccording to whether the relevantJoint? CourtRecognizeWhat aDebateSupport4 people to provideThe bookSurface material is not relevantJointWhether appropriate?For theWhat??

(1) to determine whether the evidence has related the basis is: first, the evidence is used to prove the case for some problems, and whether there is objective connection between the case that the object; second, whether the evidence to prove the effect, whether the facts of the case has proved the value of.

 

(2) is not appropriate. Because of the existence of objective relation of these materials and the case that the object, pointing to the Mou is guilty issue; in addition, these materials have proved to the facts of the case to the actual value, to make the facts of the crime accused not prove possible role.

   [D] illegalCardAccording to excludeRule  CardAccording toRule  CardMingYesLike

    This topic is difficult. Because of this problem were the "two provisions" ("Rules" about some problems of exclusion of illegal evidence in handling criminal cases and "about the death penalty cases reviewed to determine the provisions on some issues of evidence"), but the problem for the "two provisions" examination from the perspective of judicial practice, it is only know "the specific provisions of two rules of evidence" is not enough, also need to know the specific provisions in the specific judicial practice, the case is how to use the. In 2012 the new "criminal procedural law" absorbed "part two rules of evidence", which is the new criminal procedure law of evidence system part change one of the highlights, therefore, in the judicial examination in 2012, "two rules of evidence" is still the priority among priorities evidence examination.