A single choice

1, criminal proceedings in the judicial organs, only (      The whole process only) may be involved in the criminal litigation.

A. the public security organs   B. procuratorial organs   C. of the judicial administrative organs    D. people's court

2 in the investigation, found to have not investigated the situation, should take (      ).

A. to withdraw the case   The B. trial   The C. trial termination        D. immunity from prosecution

3 Li and Wang Department of colleagues, a day because of trivial quarrel, Li went public exposure of Wang's privacy, Wang went to court to sue Lee, but in the court proceedings, Li Mou and Wang Mou again, Wang request withdrawal, the court shall (      ).

A. Lee to exempt from prosecution            The B. trial termination

C. not to prosecute Lee 1            D. declared Lee innocence

The 4 man came back from abroad, stealing state secrets for a foreign organization, the case shall be made by the     In charge of the investigation).

A. procuratorial organs                  B. a state security organ

C. the public security organs                  D. people's court

5 some diplomats, involved in smuggling crime, in accordance with the provisions of China's "criminal law", should be (      ).

The A. trial by the judicial organs of China        B. by the Embassy of the country with the judicial organs of China negotiated settlement

C. resolved through diplomatic channels          D. expelled by the public security organs

The provisions of the 6 criminal procedure law, the people's courts generally do not open cases have (      ).

A. related to state secrets cases          Cases of privacy of individual of B.

C.14 years old minors under 16 years old in criminal cases

D.16 years old minors under 18 years old in criminal cases

In 7 several leading cadres involved in smuggling cases, county procuratorate the case by procuratorial organs placed on file for investigation is more appropriate, the county procuratorate need through legal procedures to perform (what is      ).

A. study on the public security organ at the higher level agree      The procuratorial committee agreed to B. County

The C. level Procuratorate approved            D. above the provincial level people's Procuratorate decides

Excuse 8 common jurisdiction issues, shall in principle (      The jurisdiction of the court).

A. initially accepted by the people's court          B. the main criminal court

C. the defendant is domiciled people's court        D. consultation fails, designated by the people's court at a higher level in common

9 the following case does not belong to the intermediate people's Court of first instance jurisdiction is (      ).

A. Wang corruption amounting to 1000000 yuan B. Lee joined the spy suspected of leaking state secrets

C. Americans John negligent injury China citizens D. Sun Mou is suspected of intentional destruction of property, a huge amount of

10 according to the provisions of China's criminal procedure law and relevant judicial interpretations, which of the following statements is true? (      ).

A. superior people's court shall not lower the jurisdiction of a people's court trial of criminal cases of first instance

B. people's court at a higher level people's court at a lower level shall not designate the jurisdiction of a people's court trial of the criminal case in the first instance

C. people's court at a higher level may not specify a lower people's court jurisdiction unclear cases

D. people's court at a higher level may not specify a lower people's court jurisdiction clear case

11 Hu is a prosecutor, the people's Procuratorate work during the just completed a murder prosecution work will be transferred to the people's court at the same level. That just the once handled intentionally the murder case was transferred to the court for trial. President Hu's court Hu as a familiar with the case, then let it participated in the trial. Q: what about the case, the following statement is correct (      ).

A. Hu participated in the trial did not violate our decision on withdrawal

B. Hu can be avoided, also can not avoid

C. Hu should be to avoid the object

D. if the parties do not apply for Humou avoidance, the court can not let his withdrawal

12 he this year 21 years old, a director in a company's sales department, once because of traffic accident and the defendant on the court. He intends to entrust a people as their defenders, selected in the following people he considered, the people's court may permit:       ).

A. his university friend Jack Americans        B. he was in the people's court work table uncle

C. he was in the people's Procuratorate work sister        D. witnessed the traffic accident behavior of his colleagues Xiao Zhou

In 13 the court prosecution of procuratorate together bribery case review, found that although the indictment with clear criminal facts and evidence, the witness list and catalog with the main evidence copy, but not to the money, goods, procuratorate of physical evidence. At this time, how should the court decide?       ).

A. has decided to open a court session

B. because of evidence materials to the insufficient, decided not to open a court session

C. notify the procuratorate for supplementary to the physical evidence to be transferred to the corresponding, after trial, and then decide

D. notify the procuratorate for supplementary to the physical evidence of corresponding, if still not transferred to the procuratorate, and then decided not to open a court session

14 the following about a case of private prosecution statement which one is correct?       ).

A. private prosecution of private prosecution case can be filed a counterclaim

You can arrange a settlement with the defendant or withdraw his prosecution before a judgment is pronounced B. private prosecutor

C. counterclaim cases can only belong to the people's court handled directly tell just processing case

D. former prosecutor withdrawal, counter case shall continue the trial

15 county court in Zhao theft in the process, found the defendant zhaomou may have legal circumstances of meritorious service, but the evidence materials people's Procuratorate indictment and the transferred without evidence, this aspect of the trial of this case, the collegial panel shall be treated according to which of the following?       ).

A. can suggest the people's Procuratorate for supplementary investigation        B. should be recommended to the people's Procuratorate for supplementary investigation in

C. can be the evidence to the people's Procuratorate to obtaining the correspondingD. evidence to the people's Procuratorate shall obtain the corresponding

16 b M District People's court shall make a judgment to the sun a theft and robbery, the people's Procuratorate does not protest, but the sun's appeal. City Intermediate People's court after hearing that, the first trial facts are clear, the evidence is, well, but inappropriate. A review on the sun a theft and robbery were sentenced to 2 years and 9 years in prison, decided to be executed for 10 years, and the two crime sentencing accurately are respectively 5 and 7 years. The court of second instance should be how to deal with?       ).

A. directly to the crime punishment two respectively 5 years and 7 years in prison, and in 7 to 12 years following decisions shall be carried out

B. directly to the crime punishment two respectively 5 years and 7 years in prison, and the decision shall be executed for 10 years

C. decision to maintain

D. maintained at a trial period of 2 years in prison, a trial of 9 years in prison for 7 years, and in 7 to 9 years following decisions shall be carried out

17 a crime of embezzlement, the first trial by the intermediate people's court sentenced to death, was sentenced to death with reprieve as an accomplice, a, B did not appeal, the case shall be submitted to the review procedure is (      ).

A. a first provincial higher people's Court of review, and approval by the Supreme People's court, B and approved by the higher people's court

B. and B are submitted to the Provincial Higher People's court approval

C. and B are the first to the Provincial Higher People's court to review, approval by the Supreme People's court

D. a direct approval by the Supreme People's court, B and approved by the higher people's court

18 according to the provisions of the criminal procedure law, lawyer for the early intervening time (as in the case of      ).

A. investigation stage      At the end of the B. investigation      C. prosecution stage       The D. trial stage

19 Wang witnessed the defendant a knife to kill the victim a hill, Wang's testimony is (      ).

A. defense evidence     B. accusation evidence         C. indirect evidence      Evidence from D.

20 a harm, unless the parties, there are the following 4 people present, including (      ) not witness.

A. Zhang is blind                       B. Wang is a deaf mute

C. Lee is the first grade primary school students, be clever and sensible, good grades

D. Zhao schizophrenia, shortly before the injury of others, but the court verdict does not bear criminal responsibility

21 of the following persons, the criminal procedure law does not stipulate applicable avoided is (      ).

A. inspectors        B. clerk         C. witness              D. identification

22 according to the provisions of the criminal procedure law, the Municipal Bureau of public security shall be avoided by (      Decision.

A. municipal public security bureau Party committee                       B. city procuratorate procuratorial committee

C., the court judicial committee                   D. Municipal Committee of political science and law

During the 23 suspects for psychiatric identification (      Considering the time limits for handling).

A. can            B. does not             The C. shall             D. must

In (24      ) members should withdraw forgotten before the decision, in the case of activities can not stop.

The A. trial       B. inspectors       C., the president of the court          D. investigators

25 served as the case investigator, prosecutor, judge and served as a witness in this case, a defender (      ).

A. can be served as the identification of the person                   B. cannot serve as the identification of the person

C. can sometimes act as Jian Dingren                   D. has the right to serve as the identification of the person

Two multiple choice questions

1 the following personnel whether or not is the defendant's guardians or relatives shall not serve as defenders       ).

A. are under criminal punishment                  B. shall be deprived of personal freedom

C. in accordance with the law, the person whose personal freedom is restricted              D. persons deprived of political rights

2 of China's "Criminal Procedure Law" provisions, citizens as a defender, the people's court permission after, can enjoy the rights (     ).

A. consult the materials relating to the case                    B. understanding of the case

C. met with the defendant in custody                  With the defendant in custody of D. communication

The 3 defendants moujia use damage means young woman B (15 years old) of rape, in addition, some armour also injured a C. In the case of which of the following personnel have the right to entrust agents ad litem. (      ).

A. man and a father                    B. B father

C. B's brother                          D. a C

4 Li made for the purpose of profit, production, selling pornographic book, public security organs confiscated Lee made yellow books and pornographic pictures according to law does not belong to (       ).

A. documentary      B. evidence         C. identification conclusion        D. on-site inspection, inspection record

5 Sun Mou rape murder, leave a shoe in the field, by the investigators extracted survey the scene as evidence, according to the classification of evidence, may belong to (      ).

Evidence from A.   Direct evidence of B.   C. accusation evidence    D. indirect evidence     E. original evidence

6 people's court, people's Procuratorate and the public security organs decide to defendant bail, shall be ordered to provide a guarantor or to pay a deposit. The guarantor shall meet the following conditions (      ).

A. has the ability to fulfill their obligations                       B. enjoy the political rights, personal liberty is not restricted

C. is not involved in this case                         D. has a fixed residence and occupation

7 people's Procuratorate need wanted suspects (      ).

A.'s Procuratorate the arrest warrant issued by             B. cannot be self issued arrest warrant

C. agreed to by the public security organs may issue a wanted     D. shall notify the public security organ of the arrest warrant issued by the latter

8 the judicial compulsory measures exceeding the prescribed time limit, which of the following people have the right to apply to the approval organ and executive organ, decided (?      ).

A. defendant                               B. the defendant's close relatives

C. is the legal representative of the defendant                   D. his entrusted counsel

9 Wang for the crime of smuggling is a county people's court sentenced to 5 years in prison, verdict after being sent to the county jail B. In the meantime, Wang Mou escapes from custody, and in the third county rob Lee 1000 yuan, after being caught. Which of the following about the case shall be under the jurisdiction of the problem which is right? (      ).

If A. is found in the capture and the crime of robbery C County, under the jurisdiction of the county court of C

If B. is being escorted back to prison after the discovery of the robbery crime, jurisdiction by B County Court

If C. is on the run to the Ding county is captured and found that the robbery crime, under the jurisdiction of the Ding County Court

D. options listed above shall be under the jurisdiction of a court case

10 Han, a Beijing law firm, in the case of intentional homicide, accept the fan Mou of the accused person of the Commission as a fan's defenders, the Han in the trial process, which of the following is the law permits? (      ).

A. fan pleaded not guilty B. proposed to fan's evidence and claims

C. has a justifiable reason, refuse to defend the D. help fan fan concealed evidence

In 11 the public security organs are rape Zhang custody, upon examination, deems it necessary to arrest, and according to the examination and approval of the county people's procuratorate. The people's Procuratorate to examine the case, to make which of the following treatment decisions?       ).

A. returned B. supplementary investigation decides to approve the arrest

C. does not approve the decision to take the decision D. arrest bail, residential surveillance

12 Wang suspicion of murder has been arrested, Wang was arrested after hired a lawyer Tian Tian, it has the right to       ).

A. met in Wang                          B. is a application for bail

C. to the public security organs to understand Wang charges

D. in Wang Mou custody over investigation detain deadline, request the public security organ to terminate or modify the compulsory measures

13 in the course of the trial, which of the following is not hearing may be postponed? (      ).

A. the defense of the accused person to apply for judge Zhang avoidance

B. defendant received the indictment after One's whereabouts is a mystery

C. and the defendants' requests for re identification

D. a simple procedure to try a case, in the process of trial, found insufficient evidence

14 review of death penalty cases must review the following items? (      ).

A. the defendant's age, there is no responsibility. Is pregnant women

Whether B. is the judgment of criminal facts are clear, the evidence is true, full

C. the circumstances of the crime, the consequences and the degree of damage

D. of the original decision to apply the law correctly, is to be sentenced to death, whether it must be executed immediately

15 avoid the judicial personnel system application (including      ).

A. is directly responsible for the case of the trial judge

President B. has the right to participate in the discussion and make a decision on the case

The C. has the right to participate in the discussion and make a decision on the case

D. have the right to participate in the discussion and decision on the case of the trial committee

16 of the defendants of incidental civil action can be (      ).

Defendants in criminal cases of A.

B. criminal cases, the legal representative of the defendant

Criminal behavior of C. to the defendant liable for compensation unit

D. the criminal defendant's close relatives

17 when the people's Procuratorate files the supplementary civil action, attended the prosecutor court is the identity (      ).

A. prosecutor                    B. the plaintiff in the incidental civil action

The C. trial Supervisor                D. suffered material losses unit legal representative person

18 the following cases by the collegial panels each composed of 3 judges have (Trial      ).

A. senior people's court approved the suspension of execution of death penalty cases      B., the Supreme People's court review of death penalty cases

C., the Supreme People's court trial of cases of first instance              The higher people's Court of first instance trial of D.

The difference between the 19 is (of verdict      ).

To solve the problem of different properties of A.

B. a case can only make a decision, but the ruling in a case can be made for

C. appeals in different period

D. is confined to the written judgment; that can be used in written or oral form

20, the people's Court of second instance trial of criminal cases, "according to the relevant provisions of the criminal procedure law", is not true (      ).

In part A. of the first trial verdict, review

B. only on the appeal or protest on the part of the review

The legal part C. for the first instance verdict, review

D. for the first instance verdict facts and using the law to conduct a comprehensive review

21 because Lee theft by a people's Court of First Instance sentenced to five years in prison. Li refused, the family, relatives also refuses to accept, arguing protecting people also think sentencing overweight. Independent right of appeal to the people (what?      ).

A. I                  B. Lee's statutory agent

C. Lee's relatives              D. Lee counsel

The people's Court of first instance trial of 22 have which of the following conditions, the people's Court of second instance shall rescind the original judgment, remanded by the people's court re trial (?      ).

A. public trial, the case of rape               B. did not explain the right to evade from the party

C. jury is the only witness       D. did not notify the agent to the victim

23.      ) a legally effective judgment or ruling, if mistakes are found, have the right to lodge a protest in accordance with the procedure for trial supervision.

A., the Supreme People's Court of the people's courts at all levels       B., the Supreme People's Procuratorate of the people's courts at all levels

C. people's court at a higher level to the lower level people's court       D. is a superior people's Procuratorate against the

24 criminal litigation judgment becomes effective, the parties and their families or other citizen complaints, in accordance with the following situations (      ), the people's court shall review.

A. there is new evidence to prove that the original decision, ruled that the fact that does not exist or is not consistent with the actual

B. between the main evidence according to conviction and sentencing evidence does not do, or not fully proven contradictory

C. the original judgment, that there is some error in the application of the law

The D. trial in the case when there is corruption, play favouritism and commit irregularities, perverted the law behavior

25 prisons and labor reform organs in the execution of punishment, the criminal complaint, it shall refer (      Handle.

A. of the judicial administrative organs   B. people's court    C. people's Procuratorate   The people's court D.

Short answer questions three

1 the difference between the parties and other participants in the proceedings

The concept and significance of the jurisdiction of the 2

The 3 challenge is what?

4 types of evidence

5 in case stage and the stage of investigation to file an incidental civil lawsuit conditions

Four. Case study

1 the king in a February 16th morning 9 when driving a car to pedestrian crossings round city A district traffic fork in the road, it met a group of children through the crosswalk line, across the road, Wang did not slow down, a child Zhang hit in the ground, the wheel from Zhang's head over to a death. In March 20th the same year, the people's Procuratorate A zone to the people's courts at the same level with traffic accident crime prosecution of Wang Jia. A District People's court thinks, traffic management departments have made the economic compensation for Wang Jia, the families of the victims and there is no requirement for the king a criminal responsibility, accordingly, the procuratorate prosecution shall not be accepted. Not A District People's Procuratorate, appealing to a higher court. The people's Court of second instance trial that: the case facts are clear, evidence really fully, defendant Wang Jia's behavior has constituted the crime of traffic accident, and in accordance with the relevant provisions of the criminal law the defendant and sentenced to 1 years in prison.

We ask: this case has no error in the procedure? Why?

2 Zheng (16 years old), Yang (19 years old) beat Wang, to Wang injured one case, the M Municipal Public Security Bureau of the conclusion of the investigation, in May 6, 2002, transferred to the people's Procuratorate for examination and prosecution. In May 16th, the procuratorial personnel began to review the case, and notify the suspect Zheng has the right to entrust defenders to defend. Zheng because of orphans, living in the uncle's home, he thought he had a lot of trouble to the uncle, a lawyer might give Di burden, and uncle did would not be for themselves out of the cost, so there is no lawyer. In view of this, the M City People's Procuratorate has appointed a bear the duty of legal aid lawyer wang. In the prosecution process, Mr. Wang proposed to the opinion recommending prosecution making copies of the public security bureau. The people's Procuratorate to keep the secrets to refuse. In May 28th, the people's Procuratorate prosecution, the people's court to M. The court decided to go to trial in June 17th, and in June 15 to the defense lawyer issued a notice of court session. King lawyer to court to inform the court day too late, and failed to get a copy of the indictment refused to plead in court. After the court to persuade invalid, the people's court shall have, and re appointed a Lawyer Zhang in defence in court, and the court date postponed to June 27th. After the hearing, the prosecutor and the lawyer engaged in a fierce debate. In June 29th, the court Zheng Mou a year in jail, suspended for one year. After judgment, the lawyer did not inquire about the results to the court, also did not ask Zheng's opinion (after the verdict is delivered a copy of lawyers, but it has already exceeded the appeal period).

Now ask:

(1) the people's Procuratorate for Jeong appointed defense counsel's approach is the right one? Why?

(2) a prosecutor in May 16th to inform the Zheng has what defect of the right to entrust defenders behavior?

(3) the people's procuratorates can refuse to counsel copy the opinion recommending prosecution request?

(4) the people's court has not give counsel to send a copy of the bill of prosecution, the right way?

(5) king lawyer has the right to refuse to defend?

(6) is correct the lawyer in judgment after practice? Why?

 

      The criminal procedural law review

A          Multiple choice questions

BABBC BDDDB CCABB DCABD CBBDB

Two.          Multiple choice questions

1.ABC2 ABCD3.BCD 4.CD 6.ABCD 7.BD 8.ABCD 9.AB 10.ABC 11.BC 12.ABCD 13.ABD 14.ABCD 15.ABCD 16.ABC 17.ABC 18.AB 19.ABCD 20.ABC 21.AB 22.ABCD 23.BD 24.ABCD 25.CD

Four. Case study

1

(1).A District Court ruling is wrong, in violation of the specialized organs in exercising their functions and powers and responsibility principle. According to the criminal procedure law, the prosecution by the procuratorate shall independently exercise the right, the other state organs, including the court shall intervene. Therefore, the procuratorate public prosecution, the people's court shall accept the court only, meet the requirements shall be a trial, but can not be ruled inadmissible.

 (2). The wrong court of second instance directly make a decision. Violation of the final principle, according to the provisions of the criminal procedure law, the second instance can be changed in two cases, one is the fact that there is no error, but the error in the application of the law or improper sentencing; two is the original facts are not clear or the evidence is insufficient, can find out the facts adjudged. Two are in the court of first instance verdict as the premise, the second instance court in the first instance without trial and judgement of the situation to make a judgment, substantially deprive the defendant's right of appeal.

 (3). The court of second instance shall rule to cancel the trial court shall not accept the verdict, send it to the judgment.

2 (1) people's Procuratorate for Jeong appointed defense counsel is no legal basis. Because the "Criminal Procedure Law" only provides the people's court shall designate a defender for minors, the designated defense occurs only at the trial stage, so the procuratorate designated defense lawyer no basis in law.
(2) the prosecutors in May 16th to inform the Zheng has the right to appoint a defender, has received tenth days after the date of the prosecution materials, and "Criminal Procedure Law" the people's Procuratorate shall receive the case transferred for examination before prosecution within 3 days to inform the suspect has the right to entrust defenders.
(3) the people's Procuratorate cannot reject the defense lawyer copy opinion recommending prosecution request.
(4) the people's court has not give counsel to send a copy of the bill of prosecution, this practice violates regulations, is not conducive to the exercise of the right of defense counsel fully, is wrong.
(5) king lawyer shall not have the right to refuse to defend.
(6) a lawyer in court decision after the approach is not correct. Defense lawyers are entitled to judgment copies in the judgment, this is a necessary prerequisite to help the accused exercise the right to appeal. In this case, the lawyer is not active inquiry result, deprived of which the defendant zhengmou appeal right of intangible, the legitimate rights and interests of serious damage, so the approach is not correct.