1, a million in December 2, 1996, due to play the market was sentenced to 2 years, suspended for 3 years, a million not appeal. Effective October 1, 1997 new criminal law, the crime of a million to cancel play the market in the new criminal law on the grounds, to appeal to the people's court, in accordance with the new requirements of criminal law to the guilty, in this regard, the following statement is correct (C )

A, the court of appeal should be supported by a million, according to the criminal law of the doctrine, a million should not guilty.

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

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

D, on a million appeal can not support, also shall revoke probation, commuted substantial punishment, because of its appeal management

 

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

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

B, because it is the international crime, shall be submitted to the International Court of justice sanctions

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

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

 

3, Wang's 14 birthday, invite some friends to a restaurant. After dinner on the way home, Wang the sight of a man holding a bag, which took the knife to carry the bag stabbed took the bag, the bag has a portable phone 1 ($7600), more than 6000 yuan in cash. Is Wang's 14 birthday behavior (C ).

A. constitute the crime of robbery

B. constitute the crime of theft

C. does not constitute a crime

D. bear criminal responsibility Limited

 

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

A. Indirect intent

B. direct intention

C. negligence

D. overconfident negligence

 

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

A, the fault of negligence

B, overconfident negligence

C, guiltless event

D, if the circumstances are obviously minor, was not deemed a crime

 

6, Li Erhan one day to the next village dinner drink, on the way home in the event of dementia for wine village girl imbecile, chaos, the rape, I regret to surrender to the police station, Xiang, Li Erhan's behavior, should be identified (D )

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

The incidence of B, Li Erhan drunk unconscious state of implementation behavior is analogous to the intermittent mental patients implementation behavior, they all belong to a person without capacity this time. According to the time when he is unable to recognize or unable to control his own conduct criminal law eighteenth persons with no capacity of the harmful consequences, he shall not bear criminal responsibility, so Li Erhan does not bear criminal responsibility, even illegal is not.

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

D, Li Erhan should bear criminal responsibility for the crime of drunk.

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

B, justifiable defense

C, excessive defense

D, object error

 

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

A, preparation for a crime

B, attempted crime

C, the discontinuance of crime

D, the accomplishment of a crime

 

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

A, nature of behavior mistake

B, tool error

C, the behavioral object error

Understanding of error D, causal relationship

 

10, B and B collusion theft electric warehouse, from B to make a "master key", a few days later, B will prepare the keys to man, the two agreed to meet at 12 in the evening after the warehouse door. Night, B for fear of being punished not to the scene after the crime. While the man about to the scene, because of not wait until a B, then use "master key" to open the warehouse, stolen laptop computer two, the value of 20000 yuan, after selling money 13000 yuan. Afterwards, a 300 yuan to B, B to shirk free of charge after. B's behavior belongs to which of the following? (D)

A, do not constitute a crime

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

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

D, together with a theft accomplished

 

11, Sun Mou gathered 5 people "Denon will", which for the purpose of "stealing the rich poor", and self styled "big Denon". Often in the crime, "Denon will" steal the total amount is 200000 yuan, Sun Mou personally involved in the theft of 5, stolen property worth 60000 yuan, sold to 20000 yuan. Member Wang Department of the organization also participated in a theft; theft process, member Hu alone will a female rape victim. Then Zhang Mou shall not bear criminal responsibility for what offence. (C )

A, "Denon will" all crimes committed by

B, 200000 yuan

C, "Denon" membership Humou rape crime

D, Wang theft

 

12, a hobby is swimming, and skilled, a day, a voice called to help B learn swimming, B gladly promise. A and B to the river to swim in deep water, ethylene has just learned to swim, a abandon them, and swam back to the shore alone, B to swim back to the yelling for help, but not a rescue; at this time, standing watch on the banks of a river, swimming is very good, but do not know a and B C two, do not want to jumped into the river to save. Finally B drowned. In this case, a and B behavior (B ).

A, a common criminal

B, a third act constitutes a crime, the behavior does not constitute a crime

C, do not constitute a crime

D, should be dealt with crime of intentional killing

 

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

A. Continued offence

B. Continuous offence

C. The imaginative joinder of offenses

D. implicated offense

 

14, a court to fraud was sentenced to a prison sentence of 1 years in a week and shall also be fined 10000 yuan, Zhou with no money for refusing to pay the fine. Released from prison after third years, Zhou ready to get married, buy a 29 inch color TV and refrigerator. The court heard the case after sending a bailiff forced TV and refrigerators seizure. Excuse me, how should we treat the court acts? ( C)

A. not appropriate

B. although not when but legal

C. is not bad, is perfectly legal

D. is not in accordance with the law

 

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

A, can not be executed, because the criminal law prescribes the death penalty does not apply to pregnant women. Should immediately stop the implementation and report.

B, can carry the death penalty, criminal law prescribes the death penalty does not apply to the pregnant women, pregnancy is the ancient one after the trial.

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

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

 

The principal is 16, which of the following is a common crime in Chinese criminal law in the (C )

A, Zhang Xiaoqiang, who joined a group of stress for the group of theft, "logistics clerk", provide the tools for committing crimes and fence for the group.

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

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

D. Guo Renjing, the "boss" Di a invitation and four others involved in the brawl Liao, beat two boxing that leave, after Di et al have put Liao beaten to death.

 

17, state personnel Humou embezzlement 180000 yuan, on the crime has not yet been found escape to somewhere friends soup. In the meantime, Hu wrote a letter, on account of his crime, illicit money, ready to Tuotangmou to the original unit Party committee submitted, you finish something immediately after to surrender. But the soup a vindictive Hu of the heart, then letter destroying, and report to the public security organs, expose Humou crimes, hidden the Hu writing plot. Hu fled after, because living embarrassment, to the procuratorate to the way police officers arrested, according to the testimony from the soup was found somewhere surrender letter residual, Hu also confessed his crime. Ask Hu's behavior (A.

A, which belongs to the general surrender , fully meet the general surrender conditions

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

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

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

 

18, Shimou committing the crime of corruption, was sentenced to life imprisonment. After serving 12 years for good behavior, while on parole. During the probation period of sixth years, Shimou intentionally causing serious injury, was sentenced to 9 years in prison. According to the criminal law, the application shall be treated according to a parole revocation, joinder of punishments for plural crimes. What shall be applicable to a range of penalty or punishment? (D )

A. should be in 9 years of below 20 have decided to implement the amplitude within the sentence in prison

B. should be in 9 to 15 years in prison have decided to implement the amplitude within a sentence

C. should be in 12 to 20 years in prison have decided to implement the amplitude within a sentence

D. should be decided to implement the life imprisonment

 

19, Wang Mou because of the crime of fraud was sentenced to 3 years in prison, consider the positive return of others and report the crime, decided to probation for 3 years. The test after the expiration of the public security organ is seized, Wang at the expiration of probation after committing the crime of causing traffic casualties. On the behavior of Wang, how to deal with (A )

A, don't be rescinded declared probation, crime punishment to traffic

B, don't be rescinded declared probation, shall be given a heavier punishment to recidivist

C, cassation declared probation, before and after the crime of crimes

D, cassation declared probation, shall be given a heavier punishment to recidivist

 

20, Lin convicted of rape was sentenced to 10 years in prison with its, deprived of political rights for 3 years, are to be sentenced to execution from July 1, 1989 onwards, on a real deprivation of political rights as (D )

A, from July 1, 1989 to June 30, 1992

B, from July 1, 1999 to June 30, 2002

C, from July 1, 1989 to June 30, 1999

D, from July 1, 1989 to June 30, 2002

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

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

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

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

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

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

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

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

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

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

Xu constitutes the general recidivism. (1 points)

The so-called general recidivism refers to the former was sentenced to the penalty, the penalty is finished or pardon recidivism within 5 years shall be sentenced to the crime of penalty. (2) the condition before and after the two crime is intentional crime, before the crime is sentenced to prison penalty above, after the crime is sentenced penalty above, after the crime is completed or pardon after 5 years to make sin before the crime. (2 points) in this case, Xu Mou ago was sentenced to 8 years after the crime, and robbery, also the sentenced penalty above, two crime is intentional crime, and after the original penalty execution over 5 years and committed, Xu parole not new crime, false release period as the original penalty has been executed. A robbery was committed 5 years during the probation period, so the general recidivism. (2 points)

 For recidivism, shall be given a heavier punishment.

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

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

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

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

Lee does not constitute recidivism. (1 points)

Do not meet the conditions of recidivism. Li Guangfan corruption was sentenced to 1 years probation for 2 years, to May 10, 1993 test period, new crimes committed no in the test period, according to the provisions of the criminal law, the original penalty shall not be executed. While Li Guang was in 1994 March test after the expiry of a crime, constitute the conditions of recidivism is after the original penalty must be executed within 5 years to a crime, constitute recidivism. Li Guangyuan sentenced penalty not executed, so do not constitute recidivism. (5 points)

Four, the test 28 questions. (this part is 20 points)

28, the classification of China's criminal law on the crime of the crime and its criminal responsibility.

 

28, the classification of China's criminal law on the crime of the crime and its criminal responsibility.

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

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

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

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

3, in the common crime plays a secondary or auxiliary role, is an accomplice. (1 points)

The accessory can be divided into the following two situations:Play a minor role in the accessory in joint crime, namely secondary perpetrator; play a supplementary role in a joint crime accomplice, which helps to make. The auxiliary function is not directly involved in the crime, but in a variety of ways to help the crime, the crime result. (2 points)

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

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

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

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

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

Abetting criminal offenders: who instigates others to commit a crime, shall be punished according to the role he plays in the joint crime; abetting under the age of 18 crime, shall be given a heavier punishment; if the instigated person does not commit the instigated crime, the instigator, may be given a lighter or reduced punishment. (3 points)

21, Ding for smuggling was sentenced to 7 years in prison confiscation of property, Wang Mou 5 people when he heard the news, the ding to borrow 50000 dollars, asked Ding to repay, the confiscated property to repay the debt must meet the following conditions? (ABCD)

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

B. must be approved by the creditors Wang Mou 5 people to the court request

The debt C. Wang Mou 5 people and Ding Mou between must be legitimate debts

D. can only be repaid in the confiscation of property in the amount

 

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

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

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

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

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

 

23, the following statement on parole, what is wrong? (ABD)

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

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

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

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

 

24, Yu Mou to incite a factory keeper Liu will be on duty to dive into the warehouse. Yu so many property theft, stolen goods after 400 yuan of money to liu. Yu Mou, Liu Mou behavior constitutes a (AD ).

A. two of the acts constitute the crime of theft

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

The common crime C. two people acts constitute the crime of duty encroachment

D. is more than a principal in the crime of theft, Liu is an accomplice of larceny

 

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

A. be admonished to Zhang

B. ordered Zhang to sign a statement of repentance

C. ordered Zhang apologize

D. suggested that the competent authorities to give administrative punishment