[reproduced] criminal exercises 5

The original address:Criminal law exercise 5Author:Dragon Li 007

The ninth chapterProper behavior
A, single choice
1, a driving a stolen gasoline tanker rushed to a passenger train is coming, one sees a shot with a rifle, tank car over the roadside ditch in an explosion destroyed, B behavior (   ).
A, justifiable defense
B, emergency
C, excessive defense
D, avoiding excessive
2, a day night shift workers through a quiet lane in the lane, he met the young men rushed out into the heart attack father call the ambulance. The workers think that young man rushed to their rogue, the young man stabbed out a fruit knife carried in an emergency, the behavior of the women is (   ).
A, justifiable defense
B, the defense is not timely
C, the imaginary defense
D, excessive defense
3, a college road to see a rogue is being forced her kiss a girl students in middle school, then took out a fruit knife stabbed to carry to the rogue thigh, results in the aorta, bleed to death. The students' behavior is ( ).
A, justifiable defense
B, the defense is not timely
C, the imaginary defense
D, excessive defense
4, one day, Huang with a dog wandering in the hillside, just 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 will be injured, Huang see head bleeding, flurried escape. See what kind of situation of Liu's behavior from the theory of criminal law? ( )
A, emergency
B, justifiable defense
C, preventing excessive
D, object error
5, the song a triangular scraper robbed Wang property, Wang won the song of the scraper, and the song down to the cement ground, song on his head, when ( )
According to A, the third paragraph of the criminal law twentieth, Wang will be the robber to kill, is justifiable defence
B, Wang's behavior belongs to the excessive defense
C, Wang Mou in front of the behavior is the justifiable defense, behind the behavior is unjustifiable defense
D, Wang Mou in front of the behavior is the justifiable defense, behind the behavior is intentional homicide
6, a when out in their homes within the defense apparatus. A night, B sled doors penetrated a residential, was defense device hammer for minor injuries. A behavior is what nature (?       )
A, the crime of intentional injury
B, justifiable defense
C, the defense is not timely
D, tort, does not constitute a crime
The second son of 7, Zhang B, often because of trivial quarrels non, unprovoked beatings zhang. One day, B and his wife quarrel, Zhang came to persuade. B to reproach the Zhang and it fell to the ground, and took out a fruit knife to stab him Zhang, Zhang went to escape, then followed up B. Zhang's eldest son a rushed from the door, just pick up the pole in B's neck hit stun on the ground, will b. Zhang picked up the stones on the ground turned back toward the B's head fierce hit number, death induced by ethylene. Zhang, in this case a behavior should be how qualitative?  )
A, Zhang of the crime of intentional homicide, a behavior is justifiable defence
B, Zhang of the crime of intentional homicide, a behavior belongs to the excessive defense
C, Zhang's behavior belongs to excessive defense, constituted the crime of intentional homicide, a behavior is justifiable defence
D, Zhang and a's actions constituted the crime of intentional homicide
8, one day, Huang with a dog wandering in the hillside, and has not met on Liu, Huang that put the dog biting liu. Liu warned Huang, Huang continued to set the dogs. Liu Moubian resist side rushed to take the stones will be in front of Huang, Huang Huang see head injured, bleeding hurried away. Belongs to Liu's actions (   )
A, justifiable defense
B, emergency
C, excessive defense
D, object error
9, according to the article twentieth of the criminal law of the provisions of the preceding two paragraphs, ____ behavior does not bear criminal responsibility; but _____ must meet certain conditions, otherwise it will cause unlawful infringement new. Think there is illegal violation, "defense", which belongs to the ____; unlawful infringement has ended, "defense", which belongs to the ____, defensive behavior obviously exceeds the limits of necessity and causes serious damage, which belongs to the ____; about the crime form ____, theory of criminal law in dispute, but to be sure, ____ is not an independent crime, should be based on the constitution of crime; define the crime, for ______, should be discretionary mitigated punishment or be exempted from punishment. In this paragraph of word in the space:
A, 2 office and fill out the "self-defense", 5 office and fill out the "excessive defense", 1 office and fill out the "imaginary defense"
B, 2 office and fill out the "self-defense", 4 office and fill out the "excessive defense", 1 office and fill out the "imaginary defense"
C, 3 office and fill out the "self-defense", 5 office and fill out the "excessive defense"
D, 3 office and fill out the "self-defense", 4 office and fill out the "excessive defense", 1 office and fill out the "imaginary defense"
10, key of indirect intent and negligence with undue difference is ()
See, people of different degree of A behavior
See, people of different content of B behavior
The content of C, whether the person will act on the different results
The content of D, whether the person will act on the behavior of different
11, the following object can implement justifiable defense is ()
A, after the murder, was about to escape behavior
B, the desire to rape and trailing, tracking the behavior of women who
C, driven to be trained with regularity of animal infringes upon the behavior person
D, domesticated animal against others, animal host
12, the establishment of emergency conditions must be ()
A, conditional escape, alarm
B, in self-defence
C, direct against the dangers of
D, because of have no alternative against one's will
13, a battery B, B injured coma on the ground, a march off, B recovered, picking up stones, catch a and a wounded. Which B behavior ( )
A, defense plucking
B, excessive defense
C, the imaginary defense
D, the defense is not timely
14, excessive defense refers to the act of Defense (   ).
A, exceeds the limits of necessity and causes undue damage
B, exceeds the limits of necessity and causes of general damage
C, exceeds the limits of necessity and causes serious damage
D, exceeds the limits of necessity and causes of general damage
15, the following can be founded self-defense situation (including    ).
A, afterwards defense
B, the imaginary defense
C, the defence of mental patients
D, provocation defense
16, the scope of illegal violation in justifiable defense refers to ()
A, crime     
B, illegal behavior
C, illegal and criminal behavior    
D, a social harm behavior
The relationship between the legitimate rights and interests and sacrifice 17, emergency protection of the legitimate rights and interests is ( )
A, the former than the latter        
B, the former to the latter
C, the latter is greater than the former        
D, the former is greater than or equal to the latter
Two, multiple choice questions
1, the provisions of the third paragraph of article twentieth of the criminal law: "the ongoing assault, murder, robbery, rape, kidnapping and other serious violent crimes endangering personal safety, to take defensive actions, against illegal caused casualties, it is not undue defence, and he shall not bear criminal responsibility. "On the provisions of the criminal law on the special justifiable defense, which of the following is wrong? ( )
A, for violent crime murder under serious threat to personal safety, to take defensive actions, not against illegal caused casualties, cannot be called the justifiable defense
B, "other serious crimes of violence endangering personal safety" expression, not only shows that the listed previously, rape, robbery kidnapping must be seriously endanger personal safety degree, and that as long as the considerable behavior can also special defense.
C, because of the special justifiable defense is aimed at the serious violence crime of endangering the human body safety, and this kind of crime once embarked on will cause serious consequences, therefore, should allow the defense time appropriate advance, violent crimes that seriously endanger personal safety in the preparatory stage, should also allow for special justifiable defense
D, due to the defense against violent crime of serious when can kill the perpetrator, so, in violent crime of serious after the end, killed the perpetrator, also belong to the special justifiable defense
2, the criminal law "hedge is not the right time" refers to the         )
A, prior to hedge
Hedge B,
C, after the hedge
D, avoiding excessive
3, a housewife, night came home to find home a mess, stolen consciousness in the home, went to the police station. Police station to send a, B two plainclothes police quickly to the scene. Coincides with the male host C a prior to this home, see home stolen scene, and heard footsteps outside, thought is the thief returned. He picked up a stick to hide behind the door, and two door, lift rod hit. A struck by, thought is the thief hit, pulled a gun shot, causing a serious C. A certain because by blow suffered minor injuries. ( )
A, C A and a are imaginary defense;   
B, a C and a does not constitute a crime
C, C a crime does not constitute a crime, but a;
D, a crime, but the third one does not constitute a crime
Three, term explanation
1, the justifiable defense
2, the emergency
3, excessive defense
4, excessive hedge
Four, short answer questions
1, what is the justifiable defense? Justifiable defence must have what conditions?
2, the similarities and differences of justifiable defense and emergency hedge.
3, the emergency must have what conditions?
4, the excessive defense of the concept and basic features.
Five, to discuss the problem
The meaning and conditions of self-defense self-defense.
Six, case study
1, Wang Mou of the accused person, male, a factory safeguard section cadres. In late July 15, 1986 8 when make, Wang to see some boys climbed in his glass window looking in, that is looking at the daughter take a shower, so very angry, yell to put them away, several students walked up. Wang more angry, then returned to the house with a pistol, wanted to scare them, Wang out to see the students have run away, they will gun down a gun that turned to go to. Results students Lee was played up the rebound in the cement floor of the bullet in the head and died on the spot.
Analysis: surnamed Wang of the result of death is what attitude?
2, the defendant Wang Qiang, male, 19 years old, a middle school student.
In June 6th during the break, Wang Qiang and classmate Chen Feng, Zhao Zhongqiang, Zhang Haibing et al. Playing in the court fight. Later, Chen Feng found the coat was torn, doubt is Wang Qiang act. Therefore, in the class is sitting in his front row of Wang Qiang was spitting, and repeatedly kicked the buttocks. The day after school, Chen Feng, and Zhang Haibing for that matter after beating the king. In June 15th, King Chen Feng, Zhang Haibing go out again, beating Zhao Zhongqiang, his face was swollen, the mouth is broken. Because Wang Qiang was beaten, three days did not dare to go to school, at home and the 6 cm long knives a. The afternoon of June 19th, Wang carrying a knife to school, caused by classroom door by Zhao Zhongqiang, Zhang Haibing, Chen Feng, Zhou Xiaowu et al. Pull out to beat. Is not on the belt knife was knocked to the ground, he picked up the knife. The Zhao Zhongqiang gang saw the king who brought knives, picks up a brick hit the king's waist, leg, arm and wounded. Zhang Haibing came up with his left hand by the king's left arm, head office right hand holding a brick slam the king, the king head bone to rupture, back wounded. The three people such as Chen Feng holding a brick came a hug, Wang sees ominous, left his injured head, right hand pull out the knife up to Zhang Haibing's chest, abdomen, 6 injured lying on the ground, died on the way to hospital. Conclusion: hospital for hemorrhagic shock death.
Q: the defendant Wang Qiang's actions are justifiable defence, or excessive defense?
The ninth chapter    Proper behavior (the answer)
A, single choice
1, A 2, C 3, D 4, B 5, D 6, B 7, A 8, A 9, B 10, C
11, B 12, D 13, D 14, C 15, C 16, C 17, A
Two, multiple choice questions
1, ACD 2, AC3, AB three, term explanation (omitted)
Four, short answer questions
1, what is the justifiable defense? Justifiable defence must have what conditions?
Meaning: the justifiable defense, refers to the state, the public interest, the person himself or herself or others, property and other rights from being infringed, the unlawful infringement behavior to stop their illegal violations of the implementation and no obviously exceeds the limits of necessity and causes serious damage.
Conditions:
(1) the intention of requirements: must be in order to enable countries, the public interest, the person himself or herself or others and other rights from being violated.
(2) the causes of the condition: must have an unlawful infringement.
(3) the time conditions: behavior must be unlawful infringement is.
(4) the object conditions: defense behavior must be the perpetrator of himself.
(5) limit: defense can not obviously exceeds the limits of necessity and major damage.
2, the similarities and differences of justifiable defense and emergency hedge.
First, different sources of risk. Hazard sources of justifiable defense is limited to unlawful infringement people; and emergency source of risk, which may be unlawful infringement behavior, can also be (or even most cases) is a natural disaster, the invasion of the animal, and human physiology, pathology, reason and so on.
Second, the behavior of the objects of different. The justifiable defense can only damage the interests of illegal violations, and emergency is to damage the legitimate rights and interests of the third.
Third, restrict the behavior of different. The justifiable defense, unlawful infringement as long as there is ongoing can, regardless of whether there are conditions to take away the defense, alarm, discouraged and other methods of unlawful infringement, are not required to have no alternative against one's will; emergency only in the absence of any other method to eliminate dangerous situations, have no alternative against one's will implement.
Fourth, the limits of different behavior. The necessary limits of justifiable defense, is to stop the illegal infringement necessary, as long as the damage and unlawful infringement may damage is not too great, so the justifiable defense damage, can be less than, can also be greater than any infringement may cause damage; and the emergency caused by damage, can only be less than to avoid damage, not equal to or greater than that to avoid damage.
Fifth, the body defining different. Justifiable defence is the legal right of every citizen, is a legal obligation of the people's police to carry out their duties; emergency is not applicable to the office, business person who is charged with specific responsibility.
3, the emergency must have what conditions?
(1) the intention of conditions: must be in order to make legitimate use from dangerous was happening.
(2) the causes of the condition: risk must have threatened the legitimate interests of the place.
(3) the time conditions: must be occurrent danger.
(4) the object condition: hedge object must be innocent third party.
(5) limit: hedging behavior can not exceed the limits of necessity cause undue damage.
(6) restrictions: hedging behavior can only be implemented in no circumstances.
(7) prohibiting conditions: not suitable for office, business person who is charged with specific responsibility.
4, the excessive defense of the concept and basic features.
Concept: excessive defense, refers to the act of defense exceeds the limits of necessity and causes significant harm, should bear criminal responsibility of crime.
Features.
(1) the hazard in the objective;
(2) of the subjective guilty;
(3) defensive behavior: including the defense intention conditions, causes of the condition, time condition and object conditions.
 Five, to discuss the problem (omitted)
 Six, case study
1, the fault of negligence. Wang fire behavior subjective not wish or laissez faire of Lee's death results occurred, but should foresee danger to cement shot hurt others foresee no mental attitude.
Violent crime is 2, special defense right to murder, assault, robbery is, rape, kidnap and seriously endanger personal safety, to take defensive actions, against illegal caused casualties, it is not undue defence, and he shall not bear criminal responsibility. Unlawful infringement people "in this case the brick slam the king's head office, the king head bone to rupture, back wounded. The three people such as Chen Feng holding a brick came a hug "beaten Wang behaviour, should be identified.

The tenth chapter   Stop form of intentional crime
A, single choice
1, a gun to kill B to B, shooting, the first shot missed, in can continue to shoot down a B, no fire, stop shooting. A behavior is a (  ).
A, attempted crime
B, the discontinuance of crime
C, the accomplishment of a crime
D, preparation for a crime
2, a one night jump into a female villagers, attempted rape, into the house, which stood at the window, with a screwdriver to pry the window, in which a window opened on the occasion, the sleeping woman woke up, he turned on the light, shouting "catch the bad guy", a look at the lights of the women, was her primary school classmates, felt "embarrassed", then he turned and ran. Belongs to a behavior: ( )
A, preparation for a crime
B, attempted crime
C, the discontinuance of crime
D, do not constitute a crime
3, a and B have a desire to kill, B, and C as B kill mistake. (of a ).
A, should be combined punishment for several crimes, the B to C is attempted murder, intentional homicide crime
B, should be attempted murder, for a pair of C's death has no subjective intent
C, should be combined punishment for several crimes, the B to C is attempted murder, manslaughter
D, is a crime of intentional homicide
4, a deliberate killing of B, a late into the one yard, see the corner there is a shadow, think B, gun, and later found dead than B, but B a beast, to a treatment (  ).
According to A, attempted murder processing
According to B, the intentional homicide preliminary treatment
C, if the circumstances are serious and killed livestock, according to the deliberate destruction of public or private property crime
D, because of dead animals, do not constitute a crime
5, the intention of poison a B, mistakenly sugar as arsenic Mix B have food to eat, after eating All is well. B. In this case, a behavior (  ).
A, do not constitute a crime
B, belongs to the accident
C, preparation of voluntary manslaughter
D, attempted murder
6, the criminal victim to take a dose of poison and ran away, soon regret it, back to rescue, found the victim has been neighbors rushed to hospital out of danger. According to the criminal (  Handle.
A, the discontinuance of crime
B, the accomplishment of a crime
C, attempted crime
D, do not constitute a crime
7, Zhang into a financial room, open a look, money already mentioned, went away disappointed, his behavior is (  ).
A, the accomplishment of a crime
B, attempted crime
C, the discontinuance of crime
D, do not constitute a crime
8, a mean to B teach theft, B did not go to the theft of a taught according to the method, a behavior is a (   ).
A, the accomplishment of a crime
B, attempted crime
C, the discontinuance of crime
D, preparation for a crime
9, Yang and Zhang deep grudges, Zhang Yang revenge. One day, Yang knew that Zhang a person at home, they carry a dagger to kill Zhang zhang. On the way, Yang suddenly abdominal pain, return to their own. Yang acts (    ).
A, the discontinuance of crime
B, preparation for a crime
C, attempted crime
D, non crime
10, a is a family of theft, he suddenly heard a noise outside the door, that to the people, he quickly escape, not stolen property. The actual time and the future, is the wind blowing the door. Belongs to a behavior (  ).
A, an accident
B, the discontinuance of crime
C, preparation for a crime
D, attempted crime
11, a and B have, to seek revenge. One day a man know Otsuichi at home, portable dagger to. On the way to meet defense personnel patrol, a deep fear, back home. Belongs to a behavior (     ).
A, preparation for a crimeB, the discontinuance of crime C, attempted crime   D, do not constitute a crime
12, Zhao knife into the money to a home, infidelity claims to cut off one ear a to teach her "adultery", in the face of money a begging, Zhao threw a knife at a turned before leaving the money. In accordance with the provisions of the criminal law, the Zhao should be how to deal with? (     )
A, shall not be punished
B, shall be given a lighter punishment
C, be given a mitigated punishment
D, shall be exempted from punishment
13, 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? (    )
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
Construction Bank, A, 14, Lee is a savings account clerk. March 20, 2002 afternoon, Lee found the cashier Chen will be 20000 yuan turnover forgotten in the desk drawer (Mo Suo) oil. The day after work, Lee while the unmanned machine, return to the 20000 yuan inside out, wrapped in newspaper and hide under their desks after garbage epicenter, and cover the garbage bag cartons. The next morning the stolen money, others find. In this regard, which of the following statements is true? (    )
A, Lee's behavior of corruption crime
B, Lee's behavior belongs to an attempted embezzlement
C, Lee's behavior belongs to the theft crime
D, Lee's behavior belongs to the attempted crime of theft
15, drugstore clerk Lee and Wang Mou enemy. One day, Wang's wife to the pharmacy to buy medicine for a cure, Lee will be a pack of arsenic mixed to Wang Qi in medicine. Lee regret, on the second day to the Wangs to retrieve arsenic, and Wang Mou that has served her. Mr. Lee see Wang without what unusual, not to tell the truth to wang. A few days later, Wang Mou for taking Lee provide arsenic and death. Belongs to the Lee's behavior: ( )
A, the discontinuance of crime
B, the accomplishment of a crime
C, attempted crime
D, preparation for a crime
16, the following case in which a set of crime? ( )
A, a Humou implement fraud, Hu a see through fraud. But Humou feel a fall on evil days, really poor, gave its 3000 yuan of money, to leave the site of a paragraph
B, B to kill Liu, a trailing Liu, to the remote place, B to Liu Moukai a shot, and missed; in still can continue to shoot the case, B the fear of punishment, not to shoot
C was kidnapped, Zhao, and urged relatives delivered 1000000 yuan. In the proposed extortion demands, C the fear of punishment, the Zhao release
D, Ding captures women Lee's wrist, and want to kidnap Li then sell. Li Wei escape, pretend to say: "I have a sexually transmitted disease, no one will want to." Ding Xin thought it become dejected and despondent, then left the site
17, a late into the second home burglary, found that long hair wear calico pyjamas B is sleeping, the intention of adultery, flew in B body strong off their clothing. B after waking loudly yelled at, B found men were captured, flurried escape. A: (behavior )
A, which belongs to the rape ready
B, which belongs to the attempted rape
C, which belongs to the rape suspension
D, does not constitute the crime of rape
18, a misuse of sugar when arsenic to kill B, a crime stop shape is (       )
A, the discontinuance of crime
B, preparation for a crime
C, the accomplishment of a crime
D, attempted crime
19, a desire to arson, regret will suddenly after the fire ignited, shout, hurriedly, they will fire. Belongs to a behavior (      )
A, preparation for a crime
B, the accomplishment of a crime
C, the discontinuance of crime
D, attempted crime
20, Hong Mou poppy, the government called on the response before harvest, the poppy eradication. To Hong Mou ()
A, shall be given a lighter punishment
B, shall be exempted from punishment
C, can be exempted from punishment
D, can reduce the punishment
21, a desire to kill B, will poison into B meals. B after taking, a regret, hurriedly explained the situation, and will be sent to the hospital emergency medical B. The hospital inspection found in the rescue process, put a "poison" no toxicity, B safe and sound. belongs to (a behavior
A, do not constitute a crime
B, attempted crime
C, the discontinuance of crime
D, the accomplishment of a crime
22, the discontinuance of crime and attempted crime is the key difference ()
Different A, the occurrence of phase
Cause to stop B, crime of different
C, different punishment principle
D, the nature of the crime of different
23, from the crime form, impart crime method belongs to ( )
A, act crime
B, behavioral offense
C, dangerous crime
D, the result crime
24, someone poisoned his wife, his wife will poison the food to eat, see his wife poisoned pain, and automatically his wife rushed to hospital out of pity, effectively prevents his death results, it belongs to ( )
Suspend A, preparatory stage of
B, a suspended in
C, act finished and the results has not yet occurred before the suspension
D, attempted crime
25, the implementation of the robbery a to B, B struggle, he met a friend after a C, please help to seize the B C, on some money. A common crime, belong to (c   ).
A, common crime prior conspiracy
The common crime, had no intention of B
C, complicated joint crime
D, necessary joint crime
26, the common criminal into organized crime, abettor and the instigator is (standard   )
According to A, in joint offence in the role
B, according to the nature of joint crime behavior and crime Division
According to C, in joint offence in the position
D, according to the social harmfulness of offender
27, whether the crime accomplished, depends on the (   )
A, whether the expected results of crime
B, whether the behavior has all the elements of a crime in specific provisions of criminal law
If C, who reached the criminal objective behavior
If D, the crime has completed
A crime 28, objectively impossible, but since that criminals can be completed automatically stop the crime, (       )
A, B, shall be regarded as attempted crime should also be in the attempt of crime theory
C, don't think that is the discontinuance of crime
D, should be considered the discontinuance of crime
29, a desire to kill B, food poisoning in B, B found strange, will not eat dinner out. Belongs to a behavior (      )
A, preparation for a crime          
B, attempted crime
C, the accomplishment of a crime          
D, the discontinuance of crime
30, Li Zhang with a $2000 handbag. Lee in the process of escape heard Zhang shouted his name, only to find that Zhang is my cousin. Then the bag in Zhang, that is make fun of, and Zhang escort home. Belongs to the Lee's behavior (        )
A, preparation for a crime          
B, the accomplishment of a crime
C, attempted crime          
D, the discontinuance of crime
31, the crime accomplishment standard (state )
A achieve the criminal purpose, criminal
B, criminals complete criminal purpose
C, leading to the crime objective danger
D, criminal act is fully consistent with the statutory crime
32, about the intent crime, which of the following statement is wrong ( )
A, intent crime exists only in intentional crime;
B, indirect intent may not have the preparation for a crime, attempted crime
C, the negligence of crime, crime and not only the problem, not the accomplished offense and the attempted problems
D, in preparation for a crime stage only appeared in preparation for a crime, may not be suspended forms of crime
33, about the discontinuance of crime, which of the following is true ()
A, discontinuance of crime can occur in the preparatory stage can also occur in the implementation stage
B, an end to the attempted crime, then, may not be accomplished crime
C, for the discontinuance of crime, caused no damage results, shall be exempted from punishment
D, for the discontinuance of crime, damage results constitute crime accomplishment, be given a mitigated punishment.
The 34, which one of the following situations (belong to attempted crime )
A, a country lane, at night a woman stopped, down to the ground. When the female is unable to continue the struggle, let go of my hand. The woman said, too wet. A representation to the drier the lane (sex), at the same time with the woman and went to the side of the road. When the oncoming headlights car a banner, the female is the opportunity to break free and ran to the car. A do not continue to chase.
B, a will to his home to play second daughter (11 years old) clothes forced off, with their genital to genital in our top, but failed to top.
C, a report by the sale of counterfeit cigarettes, security personnel obtain 300000 yuan worth of counterfeit cigarettes in the shop to check, but failed to find the number of sold out.
D, a bank withdrawals from 50000 yuan, was B assault on the way home. A certain home hid the money, report to the public security organs, say B robbed 50000 yuan own just from the bank to withdraw money. The public security personnel after investigation found that the flaw, finally from its home in the 50000 yuan of money that was found, the frame others or robbery.
35, a certain to 赖掉 owe Ding Mou 50000 yuan of debt, the Ding killed, and dismembered the corpse, plastic woven bag packaging. That is for another drug, support from the * * to * * * City, and that things will be well. B under the command of a taxi the plastic woven bag into the parcel to * * * City, stored in a small train station cloakroom. Which of the following statement is right there ( )
A, a form of intentional homicide, B does not constitute a crime
B, a form of robbery, B to constitute a crime of transporting drugs (attempted)
C, a form of intentional homicide, B constitute the crime of transporting drugs (attempted)
D, a form of robbery, B to constitute a crime of shielding
Two, multiple choice questions
1, listed options in which behavior belong to attempted crime? (  )
A, a dive into the compendium of financial room is in prize safe, he hears someone moving, that were found, ran
B, another with a shotgun aimed for a week is to ride a horse, to be killed, shot after the escape, the horses killed Zhou negative minor injuries
C, a C incite people to resist the laws of the state of the implementation, by the masses to the public security organs
D, a ding in the hotel to steal in Lee's storage card, and Lee to the goods after the case of Li Mouzheng, looking for a card, Ding fear things he said he had just found a storage card, and then out of the pocket to Lee
2, the following about crime termination express what is wrong?      )
A, a homicide and Lee to discuss and entrusted to buy the poison, Lee was the bought poisonous drug. But 10 days later a abandoned the intent to kill poison, will be thrown into the river. A suspension of crime, and Lee should not hold the discontinuance of crime.
B, ethyl intention to murderous violence to others, see the victim bleeding and compassion, take him to the hospital, the victim after the treatment is still identified as serious. Stop B is not a crime.
C, C on enemy Wang slash $20 left the scene after the. After 2 hours, for the destruction of criminal tools, was returned to the scene, see Wang still did not die, but extremely poor, to the hospital treatment. C behavior of desistance of crime.
D, Ding to kill Li four and the poison, Li four poison after extreme pain, then Ding will Li Si sent to hospital escape. Upon investigation, the poison reached only 50% of lethal dose, if not to the hospital, Li Si will never die. Ding the behavior of the victim to the hospital and the victim's death, there is no causal relationship, so the Ding not suspension of crime
3, the following preparation for a crime is what is correct? (        )
Crime in preparation can be prepared for his crime, but also to others to commit and preparation
The implementation of preparatory behavior due to reasons other than the behavior of people will not begin to implement, belonging to the preparation for a crime
The preparatory phase of the crime behavior is crime discontinuance, may also set up preparatory crime
For the preparatory phase of the discontinuation of a crime, in addition to the provisions of discontinued criminal penalty for relief, should also be prepared to commit to relief provisions also apply to
4, Chen took the jewelry counter salespeople receive customer, stretched out his hand from the counter took out a $2300 ring, in the hands of the hands. And then continue at the counter, pretending to watch. After a few minutes the clerk found less a ring and suspect Chen, immediately report to security personnel. Chen looked at speed, will escape the ring back to the counter after. About the case, which of the following statements is true?         )
Theft, Chen has been accomplished in A
Theft, belonging to B Chen attempted
C, Chen will ring back to the counter does not belong to the act of suspension
D, Chen will ring back to the counter and belongs to the accomplishment of a crime after the return of property act
5, the discontinuance of crime can occur in: (        )
The preparation stage A, crime
B, the criminal stage
C, crime has not been implemented after the case
D, crime has been implemented after the case
6, the provisions of our criminal law, legal may be given a lighter or mitigated the plot (   )
A, attempted crime
B, accessory
C, instigated the instigated crime abettor committed no
D, discontinuation of crime
Characteristics of 7, the discontinuance of crime have (  )
A, automatically stop the crime
B, must occur in the criminal process
C, consciously retrieve a loss
The occurrence of D, effectively prevent the crime result
Characteristics of 8, discontinuance of crime is ( )
A, can only occur in the result crime occurring during the
B, can only occur in the crime before from prepare to result in
C, gave up the crime or prevent the occurrence of criminal results
D, gave up the crime or automatically and effectively prevent the occurrence of crime
9, about the discontinuance of crime, which of the following is true (        )
A, discontinuance of crime can occur in the preparatory stage can also occur in the implementation stage
B, an end to the attempted crime, then, may not be accomplished crime
C, for the discontinuance of crime, caused no damage results, shall be exempted from punishment
D, for the discontinuance of crime, damage results constitute crime accomplishment, be given a mitigated punishment.
The 10, which one of the following situations (belong to attempted crime        )
A, a country lane, at night a woman stopped, down to the ground. When the female is unable to continue the struggle, let go of my hand. The woman said, too wet. A representation to the drier the lane (sex), at the same time with the woman and went to the side of the road. When the oncoming headlights car a banner, the female is the opportunity to break free and ran to the car. A do not continue to chase.
B, a will to his home to play second daughter (11 years old) clothes forced off, with their genital to genital in our top, but failed to top.
C, a report by the sale of counterfeit cigarettes, security personnel obtain 300000 yuan worth of counterfeit cigarettes in the shop to check, but failed to find the number of sold out.
D, a bank withdrawals from 50000 yuan, was B assault on the way home. A certain home hid the money, report to the public security organs, say B robbed 50000 yuan own just from the bank to withdraw money. The public security personnel after investigation found that the flaw, finally from its home in the 50000 yuan of money that was found, the frame others or robbery.
11, a motorcycle, sitting in the back seat of the motorcycle B, in a certain factory gate to take women's handbag. A and B, see women C a shoulder out of the bag, which is driving motorcycles, acceleration, in passing on the occasion, B take C a satchel. But because the satchel was c a tightly, B was dragged down from the motorcycle rear seat, a drive away. B from the ground up behind him, and took the bag side kicking C a. With a shout, the surrounding masses arrived, B hurriedly escape. The case, which of the following is true: (        )
A, a and B together constitute the crime of robbery (attempted)
B, a and B together constitute the crime of seizing (attempted)
C, a constitutes a crime (attempted)
D, B constitute the crime of robbery (attempted)
Three, term explanation
1, preparation for a crime
2, the attempted crime
3, the discontinuance of crime
4, the crime
5, dangerous crime
Four, short answer questions
1, what is the crime? What are the basic characteristics of crime?
What are 2 concepts, discontinuance of crime and the establishment of conditions? Of the discontinuation of crime should be how to deal with?
3, the attempted crime conditions and theoretical classification.
4, the preparatory crime, attempted crime and the suspension of punishment principle of crime.
5, crime forms include what type?
Five, to discuss the problem
Discusses the relationship between the discontinuance of crime, preparatory crime accomplished, attempted crime and crime.
Six, case study
(a) the defendant Zhang, male, 23 years old, farmers, one that neighbor, leaving only a daughter (16 years old) at home to watch the house, then, the evil. That night at about 11, Zhang through a window into the neighborhood, attempted to rape. When Zhang quietly towards the bed to go to, unexpectedly the play rang on the ground in the basin, the victim will be awakened, the victim immediately pull lighting and drinking: "who?" Zhang see was found, which he turned away.
Q: what Zhang's behavior belongs to the attempted crime, should be how to punish?
(two) married Wang and unmarried female Lee long adultery, in order to achieve the purpose of marriage and Li Mou, Wang decided to kill his wife. One day somebody secretly put the rubber strip home television, electric fan plug near the on the wire, the wire is exposed, so that his wife was electrocuted when in use. However, five days later, his wife didn't use plug, the accident did not happen. During this period, Wang Mou heart very fear, also have to repent, and finally to strip the rubber wire to wrap, and effectively prevent the electric shock accident.
Analysis: on the behavior of Wang how qualitative? What kind of crime? Explain the reason.
(three) the defendant: Wang, male, 29 years old, workers in a chemical factory.
 Defendant: Zhou, female, 27 years old, a grocery clerk.
Wang Mou of the accused person, usually style is not correct, because once and the factory. The relationship between the sexes, a punishment. The defendant does not
That ring, from a year since April, with the factory Zhao wife Zhou sexual, two people long playing around. In October, Wang Wei and Zhou to achieve the purpose of marriage, and common planning to murder Zhao zhou. The king put forward the specific measures are: the king with poison, poison by week looking. And agreed to in November 18th while Zhao dinner will poison (zinc phosphide) and pesticides "dimethoate", into the rice, Zhao Dusi. Although it was already agreed this week, and has provided the poison king ready, but because she has a boy of not more than 3, often with his father for dinner, she concerns may put children poisoned, and afraid of the consequences of serious, punishable by law, no implementation of the poison in accordance with the agreed measures. After the defendant Wang wants to continue with the week adultery was refused, week to expose the crimes of the king.
Q: King, week two people conspire to murder is a crime in preparation, attempted, or discontinuation of a crime?
(four) 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, Lee attempted theft of the type of crime?
2, Lee returned to the scene of the crime (the unit) to which forms of security guards kill them behavior belongs to the crime?
The tenth chapter   Stop form intentional crime (the answer)
A, single choice
1, B 2, C 3, D 4, A 5, D 6, C 7, B 8, A 9, B 10, D
11, A 12, D 13, D 14, C 15, B 16, D 17, B 18, D 19, B 20, C
21, C 22, B 23, A 24, C 25, B 26, A 27, B 28, D 29, B 30, D
31, D 32, D 33, D 34, A 35, C
Two, multiple choice questions
1, AB 2, BCD3, ABC4, ACD5, ABCD6, AC7, ABD8, BD9, ABC10, BCD three, term explanation (omitted)
Four, short answer questions
1, what is the crime? What are the basic characteristics of crime?
The attempt of crime, is refers to the behavior person has embarked on the implementation of specific acts of crime, because a crime causes the outside the will but failed to complete the crime stop shape.
Features.
(1) the behavior people have started to commit a crime;
(2) the incomplete crime stop;
(3) is caused due to reasons other than the will of the people of behavior.
What are 2 concepts, discontinuance of crime and the establishment of conditions? Of the discontinuation of crime should be how to deal with?
The discontinuance of crime, refers to the crime, behavior crime or automatic waiver effective results in preventing crime, a crime and unfinished crime stop shape.
Establishment of conditions:
(1) must be in the criminal process;
(2) must be the behavior of people who gave up the crime;
(3) must act completely abandon the original crime.
To automatically and effectively prevent the result of crime discontinuance of crime, must also have occurred and effectively prevent the behavior of legal crime result.
Penalty: if no damage is caused, "should" be exempted from punishment; causing damage, "should" reduce the punishment. Visible, the discontinuation of a crime, the judge must be lenient, discretion not to be lenient or not be lenient.
3, the attempted crime conditions and theoretical classification.
Conditions:
(1) the behavior people have started to commit a crime;
(2) the incomplete crime stop;
(3) is caused due to reasons other than the will of the people of behavior.
Theoretical classification
(1) to criminal behavior is the end of the standard, divided into the completed attempt and not the completed attempt;
(2) the crime can achieve both wings as the standard, divided into possible criminal attempt and impossibility.
4, the preparatory crime, attempted crime and the suspension of punishment principle of crime.
One who prepares for a crime, can be accomplished crime shall lighter, mitigated punishment or be exempted from punishment;
For the offense, can be accomplished crime shall be given a lighter or mitigated punishment;
The discontinuance of crime, no damage is caused, be exempted from punishment; damage is caused, be given a mitigated punishment.
5, crime forms include what type?
Crime accomplishment form mainly has the following four types:
(1) the result crime. Refers not only to the implementation of specific objective elements of crime of the behavior, and must have the legal crime result constitutes the accomplished crime.
(2) conduct crime. Refers to the completed crime legal as crime accomplished standard of crime
(3) dangerous crime. Is a dangerous state that regards dangerous act causing some harm result for signs of accomplished offense of statutory crime.
(4) act crime. Also known as instantaneous crime, is in accordance with the law, conduct people to crime is completed and fully comply with the constitution, which constitute the crime of crime.
Five, to discuss the problem
The difference between the crime did not complete: for reasons other than the will of the criminal element, is the attempted crime and proceed with the implementation of crime after the discontinuance of crime mark difference, but also a symbol of attempted crime is different from the preparatory discontinuance of crime; the main difference between attempted crime and crime, is whether the actor to the criminal action; sign of accomplishment and attempted crime is whether the crime.
Six, case study
1, attempted. Can be accomplished crime shall be given a lighter or mitigated punishment. (analysis process slightly)
2, the crime of intentional homicide, discontinuation.
3, Wang is the preparation for a crime; suspension of Zhou belong to the preparatory phase of the crime.
4, the first, belongs to the completed attempt, attempted crime due to impossibility. Second, belong to the preparatory forms of intentional homicide.