School of criminal procedure law 3

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  • / Author: Aaron Lewis
11 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
[answer]ABCD and comments, see "Criminal Procedure Law" article thirty-sixth.
The 12 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
[answer]BCD and comments, see "Criminal Procedure Law" article fortieth.
13 Li made for the purpose of profit, production, selling pornographic book, public security organs confiscated Lee made yellow books and pornographic pictures shall not belong to ().
A. documentary
B. evidence
C. identification conclusion
D. on-site inspection, inspection record
[answer]CD and annotation, as to the contents of the document explaining the case evidence: evidence is in the form of external condition, that the circumstances of the case evidence. Pornography, obscene pictures with the above characteristics, both documentary evidence and material evidence. But not the inspecting records and appraisal conclusion. See "relevant content appointed book a criminal law a criminal procedure law" the fifth chapter third section.
14 Sun Mou rape murder, leave a shoe in the field, by the investigators as evidence in the investigation at the scene when the extraction, 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
[answer]CDE and annotation, leaving the scene of shoe can become the defendant's guilty evidence as accusation evidence but it alone can not directly that the defendant guilty, so belong to indirect evidence; from the perspective of its origins, is obtained from the site of the first hand materials, it is the original evidence. The content see "textbook a criminal law criminal procedural law" the fifth chapter of fourth.
15 weeks in a statement to the police, his brother had seen Wang knife to kill the victim zhao. Zhou's testimony is what kind of evidence (?).
A. accusation evidence
Direct evidence of B.
Evidence from C.
D. testimonial evidence
[answer]ABCD related content and comments, see "textbook a criminal law and criminal litigation law" the fifth chapter of fourth.
L6. treatment on criminal cases to the weight of evidence, investigation and study, not credulous confession, (to).
A. only the confession of the defendant, can not be identified but no other evidence, the defendant guilty and sentenced to a criminal punishment
B. without the confession of the accused, evidence, the accused can be pronounced guilty and sentenced to a criminal punishment
The C. statement is generally not convincing
The D. statement cannot as yet based on
[answer]AB and comments, see "Criminal Procedure Law" article forty-sixth.
Evidence is also direct evidence of l7. following evidence not only is ().
A. witnesses heard a crime one is about a B for testimony
B. the extraction of fingerprint
C. bloodstained Dagger
D. victim heard from friends about criminal is Zhang statement
[answer and notes]AD. see "textbook a criminal law criminal procedural law" the fifth chapter of fourth.
L8. Zhang stealing precious cultural relics case involves the following some evidence, which belongs to the documentary evidence (?).
Conclusion diagnosis A. psychiatric hospital to Zhang issued psychiatric conditions
The B. Museum issued the stamp of the official seal and stolen situation by the unit signed by the legal representative
Open C. Street Office Zhang has the
D. experts have stolen relics value appraisal opinions
[answer]BC and comments, see "textbook of criminal law and the criminal procedure law" the fifth chapter of third. AD belongs to the appraisal conclusion.
19 public security organs in the process of collecting evidence, evidence should be ().
A. proved that all the facts of the case
B. is conducive to the situation
C. facilitates the situation
D. achieved through legal means
[answer]ABCD and comments, see "Criminal Procedure Law" article forty-third.
20 factors to be considered are the subjective attitude of the evidence ().
A. documentary
B. witness testimony
C. evidence
The defendant confession from D.
[answer]ABD and notes, because the evidence are the subjective factors.
2l. witness testimony must be in court () the interrogation interrogation, and have been verified, can be as the case according to the.
A. prosecutor
B. defendant
C. victim
D. defender
[answer]ABCD and comments, see "Criminal Procedure Law" article forty-seventh.
22 China's use of the guiding principles of evidence to seek truth from facts, can be summarized as follows: ().
The A. weight of evidence, investigation and study, not credulous
B. is strictly prohibited torture to extract confessions
C. all evidence must be verified
D. is committed to the truth
[answer]ABCD and comments, see "Criminal Procedure Law" forty-sixth, forty-third, third, forty-second, forty-fourth.
23 people's court, people's Procuratorate and the public security organs decide to defendant bail, shall be ordered to provide a guarantor or pay deposit. Among them, the guarantor must 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
[answer]ABCD and comments, see "Criminal Procedure Law" article fifty-fourth.
24 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
[answers and comments]BD. see "Criminal Procedure Law" article 123rd, article L31, 132nd.
25 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
[answer]ABCD and comments, see "Criminal Procedure Law" article seventy-fifth.
26 mandatory measures in criminal proceedings is to ().
A. ensure that the investigation and trial work smoothly
B. prevents the defendant, criminal suspects, collusion, destruction and falsification of evidence
C. prevents the defendant, criminal suspects, continuing crime
D. prevents people Dutch act, flight
[answer]ABCD and comments, see "textbook a criminal law and criminal procedure law" the sixth chapter.
27 Li Zhihan's son Li Xiaodong was arrested by public security organs in accordance with the law for theft, Li Xiaodong by Li Zhihan hired Liu lawyer for legal assistance. Liu lawyer for legal assistance is the main content of what? ( ).
A. provides legal consultation
B. investigation
C. agent complaints, charges
D. to the investigation organ about the Li Xiaodong charges
[answer]ACD and comments, see "Criminal Procedure Law" article ninety-sixth.
Liu Jia Zhen 28 Sun Yu Department of marine County, in 1997 July was released on bail pending trial for the crime of intentional injury, which acts in the release on bail of Sun Yu in violation of the provisions on was released on bail should comply with the law of criminal procedure ( )?.
A. left the town to visit a town to sell products, two days to return
B. custody due to traffic accidents failed in the communication time
C. will cut knife thrown into the pit
D. ask the witness to eat, to be a witness to testify a lot of attention
[answer]CD and comments, see "Criminal Procedure Law" article fifty-sixth.
The provisions of the 29 "criminal law", by the defendant bail if (), confiscate the deposit, or to ensure that people be fined, the defendant on bail shall be arrested.
A. free to leave live in city, county
B. cannot at the arraignment in custody
C. interference of witness
D. is not approved to meet others
[answer]ABC and comments, see "Criminal Procedure Law" article fifty-sixth.
30 for the arrested suspect has the right to apply for bail is ().
A. the defendant himself
B. the defendant's close relatives
C. accused the guardian
D. hired a lawyer
[answer]ABCD and comments, see "Criminal Procedure Law" article fifty-second, article ninety-sixth.
31 by the people's Procuratorate decides whether should avoid personnel ().
A. inspector
B. people's Procuratorate investigation of cases of human self investigation
C. prosecutor
Identification of human D. by the people's Procuratorate assignment or hire
[answer]ABCD and comments, see "Criminal Procedure Law" article thirtieth, article thirty-first
32 for avoiding litigation participants ().
A. witness
B. defender
C. identification
The D. translator
[answer]CD and comments, see "Criminal Procedure Law" Article 3l, eighty-second.
33 according to the provisions of the criminal procedure law of the parties in the () stage can apply for withdrawal.
A. investigation
B. sued
The C. trial
D. Executive
[answers and comments from]ABC, the parties shall have the right to withdraw the personnel that should choose ABC.
34 avoid the judicial personnel system comprises a suitable ().
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
[answer]ABCD and annotation, as long as the judicial personnel related to the case in compliance with the statutory conditions for the avoidance system.
35 incidental civil lawsuit defendant 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
[answer and notes]ABC, BC is the unit crime case
 36 when the people's Procuratorate files the supplementary civil action, attended the prosecutor court is the identity of the ().
A. prosecutor
B. the plaintiff in the incidental civil action
The C. trial Supervisor
D. suffered material losses unit legal representative person
[answer]ABC and comments, see "criminal procedural law" the second paragraph of article 153rd, seventy-seventh, eighth, 169.
37 incidental civil action, which shall be liable for compensation (?).
A. criminal defendant (citizens, legal persons and other organizations) and no other common perpetrator was forced to investigate criminal responsibility
B. underage criminal defendant's legal representative
C. has been executed criminals of inheritance
Criminal behavior of D. of the defendant shall bear the civil liability of enterprises, institutions, organizations and groups [answers and comments]ABCD, see the Supreme People's Court on the implementation of the September 2, 1998 "the people's Republic of China Criminal Litigation Law 'interpretation of several issues" eighty-sixth.
38 the plaintiff in the incidental civil action lawsuit right ().
A. may entrust an agent ad litem
B. shall have the right to adopt preservative measures in litigation
C. has the right to appeal against the decision of incidental civil action
D. in the case can be concluded before the part of incidental civil lawsuit settlement or withdrawal with the defendant
[answer]ABCD and comments, see "Criminal Procedure Law" article fortieth, article 180th, see the Supreme People's Court on the implementation of the September 2, 1998 " 'problems in Criminal Procedure Law of the people's Republic of China' interpretation of the" 100th.
In 39 cases of injury death shall have the right to file an incidental civil action has ().
A. the death of a close relative of the victim
B. and his legal representatives
C. incompetence or limited capacity his legal representatives
D. state property losses, the people's Procuratorate prosecution
[answer]ABCD and comments, see the Supreme People's Court on the implementation of the September 2, 1998 " 'of the people's Republic of China criminal procedure law interpretation of several issues"' eighty-fourth, eighty-fifth. 40 may file an incidental civil action is ().

A. investigation stage
B. proposed the public prosecution stage
The C. trial stage
The D. two trial
[answer]ABC and comments, see "Criminal Procedure Law" article seventy-seventh, "in criminal proceedings".
4L. the following cases, which shall recount deadline (?)
The A. trial court remanded by the court for a retrial of the case
B. the people's Procuratorate for supplementary investigation to the court
Add the first C. investigation by the public security organ after transferred to the procuratorate for prosecution
D. the public security organs second supplementary investigation later transferred to the procuratorate for prosecution
[answer]ACD and comments, see "criminal procedural law" the third paragraph of article 194th, 140th. The provisions of the 42 criminal procedure law, during the period can be extended with (to).

During the A. investigation and custody
During the B. trial
During the C. review decision to prosecute or not to prosecute
During the D. instance
[answer]ABCD and comments, see "Criminal Procedure Law" article 124th, article 168th, article 138th, article 196th.
43 people's court, people's Procuratorate and the public security organs, in the case of (), to report to the police, Sue, report, surrender the material, not on trial.
A. did not find out the facts of a crime
B. criminal facts with minor, need not be investigated for criminal responsibility
C. is not the facts of the crime
D. others falsely
[answer]BCD and comments, see "Criminal Procedure Law" article eighty-sixth.
The 44 option the case which made by the people's Procuratorate investigation (?).
A. Dagang train depot long Nie Tianming case of misappropriation of public funds
B. Xingang post office couriers Ma Haiming dismantle private mail
C. Haitian company manager Wu Yueming illegal detention
D. new prison administrator Li Wenming private put sin
[answer]AD and comments, see "criminal procedural law" the second paragraph eighteenth, "the Supreme People's Court Supreme People's Procuratorate, the Ministry of public security, the Ministry of state security, the Ministry of justice, the NPC Standing Committee (on the relevant issues concerning the implementation of the criminal procedure law of the )" one of the 2, 3, "criminal law" 384th, 400, 253. C does not belong to "illegal detention by a functionary of the state". B belongs to the "violation of freedom of communication crime", according to the Supreme People's Procuratorate "about directly accepted by the people's procuratorates" provisions of the case on file for investigation range three, "crime of violation of freedom of communication" belong to the jurisdiction of the public security organ.
The judicial organs of 45 of the following cases should not be placed on file with ().
A. discontinuation of a crime
B. preparatory crime
C. suspects accused of death
D. by Amnesty exemption from punishment
[answer]CD and comments, see "Criminal Procedure Law" article fifteenth.
46 the law of criminal procedure the defendants in the investigation stage, lawyers have the right to make which of the following activities? ().
A. provides legal advice to the defendant
B. agent complaints, charges
C. application for bail
D. to the investigation organ about the crime suspected of
[answer]ABCD and comments, see "Criminal Procedure Law" article ninety-sixth.
47 the interrogation of criminal suspects should follow the procedures ().
A. investigation personnel more than 2 people
B. the defendant should all questions investigators truthfully
C. must show the people's Procuratorate or the public security organ documents
D. detained or arrested the defendant, in detention or arrest after 24 hours of interrogation
[answer]ACD and comments, see "Criminal Procedure Law" article ninety-first, Article 92, article sixty-fifth, article seventy-second
 48 in the supplementary investigation of the criminal procedure law, what are the corresponding provisions (?).
A. prosecutors in the review of arrest, the facts are not clear, the evidence is insufficient, has the right to make decision of the supplemental investigation
B. the prosecution in the prosecution, the need for supplementary investigation, the public security organ may be returned for supplementary investigation
C. people's court that the evidence is insufficient, has the right to decide to go back to the procuratorate for supplementary investigation
D. in court, prosecutors have the right to suggest that the postponement of the hearing. In order to supplement the investigation of a case
[answer]BD and comments, see "Criminal Procedure Law" 140th, 165. A procuratorial organs "shall according to the circumstances as to approve or disapprove the arrest decision", see "Criminal Procedure Law" article eighty-sixth. C the people's court shall direct the judgment, see the "Criminal Procedure Law" article 162nd.
49 investigators deem it necessary to detain suspects mail (), after approval, notify the post and telecommunications offices will mail check the attachment.
A. the public security organs
B. people's Procuratorate
C. people's court
D. of the judicial administrative organs
[answer]AB and comments, see "Criminal Procedure Law" article 116th.
50 investigators to search the object is, the defendant as well as possible crime or criminal evidence (people).
A. items
The B. body
C. residence
D other relevant places
[answer]ABCD and comments, see "Criminal Procedure Law" article 109th.
5L.'s Procuratorate prosecution condition is ().
A. have the victim's complaint
B. may be sentenced to the punishment
C. shall be investigated for criminal responsibility according to law
D. criminal facts are clear, the evidence is sufficient
[answer]CD and comments, see "Criminal Procedure Law" article 141st.
52 people's Procuratorate to examine the case, shall be respectively the different circumstances () decision.
A. not to prosecute
B. punishment
C. prosecution
D. to withdraw the case
[answer]ACD and comments, see "Criminal Procedure Law" article 135th.
53 people's Procuratorate to concluded its investigation of a case, can make the decision ().
A. prosecution
B. immunity from prosecution
C. not to prosecute
D. to withdraw the case
[answer]ACD and comments, see "Criminal Procedure Law" article 135th.
54 for the public security organs for prosecution, the people's Procuratorate decides not to initiate prosecution (,).
A. should be a decision not to prosecute book sent to the public security organ
Public security organs should be B. prosecution, the people's Procuratorate shall revoke the decision not to initiate a prosecution, prosecution
Public security organs should be C. prosecution, it may request a reconsideration to the next until the procuratorate to review
D. victims do not agree with the decision not to initiate a prosecution, have the right to sue to the court
[answer]ACD and comments, see "Criminal Procedure Law" article 144th, article 145th.
55 of the people's Procuratorate nonprosecution decided to accept the victim (,).
A. may appeal to the people's Procuratorate at a higher level, request prosecution
B. to maintain the decision not to initiate a prosecution, can sue to people court
C. can be without complaint, directly to the people's court
D. can appeal
[answer]ABC and comments, see "Criminal Procedure Law" article 145th.
56 people's Procuratorate to examine the case, must find out ().
A. has no omission crimes and other criminal responsibility shall be investigated
B. is not the criminal responsibility shall be investigated
C. has no incidental civil action
D. the legality of the investigation activities
Whether the facts of the crime, the E. plot clear, evidence is true, full, convict and the nature of the crime is correct.
[answer]ABCDE and comments, see "Criminal Procedure Law" article 137th.
57 simple procedure in criminal procedure, applicable to the following (case).
A. according to the law may be sentenced to three years in prison in public prosecution case, the facts are clear, the evidence, the people's Procuratorate suggests the application of summary procedure
A case of public prosecution according to law shall be sentenced to control B. can or criminal detention, the people's Procuratorate agreed to apply summary procedure
C. tell just processing
D. has evidence to prove that the prosecution of the minor criminal cases
[answer]ABCD and comments, see "Criminal Procedure Law" article l74
58 the following cases by the collegial panels each composed of 3 judges in trial has ().
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.
[answer]AB and comments, see "Criminal Procedure Law" article 147th, article 202nd.
The difference between the 59 of verdict is ('.
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
[answer]ABCD and comments, see "textbook a criminal law criminal procedural law" the eleventh chapter of fifth.
6O. according to the "law of criminal procedure", the people's court to review the case of private prosecution, can handle respectively according to the following circumstances ().
A. criminal facts are clear, there is sufficient evidence of the case, it shall open a court session
B. must be made by the people's Procuratorate prosecution case, when the people's Procuratorate to the competent criminal investigation
Private prosecution cases of C. lack of criminal evidence, if the private prosecutor no supplementary evidence, the people's court investigation failed to collect the necessary evidence, should persuade him to withdraw his prosecution, or rule to reject the
D. the defendant's conduct does not constitute a crime, should persuade him to withdraw his prosecution, or rule to reject the
[answer]ABCD and comments, see "criminal procedural law" the third paragraph of article 171st, eighty-fourth, the Supreme People's court "on the implementation of (criminal procedure law interpretation of several issues") 188th.