School of criminal procedure law 4

61 the private prosecution before a judgment is pronounced (,).
A. can arrange a settlement with the defendant
B. can withdraw his prosecution
C. cannot arrange a settlement with the defendant
D. could not withdraw his prosecution
[answer]AB and comments, see "Criminal Procedure Law" article 172nd.
62 not guilty verdict has the following several cases (general).
A. is accused of crimes does not exist
B. no conclusive evidence that the defendant committed a crime the accused
C. the defendant's conduct did not constitute a crime
D. defendants die during the trial
[answer and notes]ABC, B see "Criminal Procedure Law" article 162nd (three). D should be to terminate the trial.
63 handled directly by the people's court that the case of private prosecution include ().
A. tell just processing case
Minor crime victim has evidence to prove that B.
C. victim has evidence to prove that the violation of their human rights of the defendant's conduct should be investigated for criminal responsibility, and the public security organ or the people's Procuratorate shall not be investigated for criminal responsibility in the defendant's case
D. victims there is evidence of violations of their property rights of the defendant's conduct should be investigated for criminal responsibility, and the public security organ or the people's Procuratorate shall not be prosecuted defendant liability cases
[answer]ABCD and comments, see "Criminal Procedure Law" article 170th.
64 criminal cases in court proceedings, in specific situations, affecting the conduct of the trial, the people's court may make a postponement of the hearing or suspend the trial according to the different situation decision. With the case of the listed options, constitutes a postponement of the hearing? ( ).
A. private prosecutor, defendant suffering from mental disease or other serious diseases
The B. case the prosecution to the court after the defendants, the case can not continue for a long time trial
C. inspectors found a public prosecution requires supplementary investigation, suggestion
D. because the parties apply for withdrawal trial cannot proceed
[answer]CD and comments, see "Criminal Procedure Law" article 165th. AB case. The Supreme People's court to suspend the trial, see 1998 September 2nd ("on the implementation of the criminal procedure law of the people's Republic of China) interpretation of several issues" 181st.
65 in accordance with the provisions of the criminal procedure law, the people's court trying a case in which summary procedure and what are the characteristics and requirements? ().
The A. trial of cases in which summary procedure is applied by a single judge
According to B. may be sentenced to 3 years in prison, detention, control, single penalty cases, may apply summary procedure
C. court cases in which summary procedure is applied, the people's Procuratorate may send no procurators to the court
D. trying a case in which the summary procedure, the people's court within twenty days after accepting the case
[answers and comments]ACD see "Criminal Procedure Law" 174th, 175, 178. B wrong "were" on the word, see "Criminal Procedure Law" article 174th (a), apply summary procedure is conditional on the B case.
66 a single judge which of the following is generally not used trial of criminal cases. ()
A. cases of private prosecution
B. crimes of endangering national security
C. may be sentenced to death penalty cases
D. intermediate people's Court of second instance cases
[answer]BCD and comments, see "Criminal Procedure Law" article 174th.
67 the people's court in a case of private prosecution after examination can make a withdrawal treatment situation is ().
A. private prosecutor once summoned according to law, refuses to appear in court
B. private prosecutor after two summons, refuses to appear in court
C. private prosecutor after two times not to appear in court
D. without court permission, private prosecution withdraws during the period of
[note]BD answer and explanation, see the Supreme People's court "on the implementation of the criminal procedure law '' if dry problem" (September 2, 1998) twentieth.
68 The People's court may () the single judge.
A. tax evasion case
B. abuse case
C. case of abandonment
D. insult, libel
[answer]BCD and comments, see "Criminal Procedure Law" article 174th, the Supreme People's court "on the implementation of the criminal procedure law '' interpretation of several issues" (September 2, 1998) first.
69 for libel, threats, beatings (), seriously disrupting the order of the court, which constitutes a crime, shall be investigated for criminal responsibility according to law.
A. presiding judge
The B. judge
C. prosecutor
D. witnesses, interpreters
E. victim, the defendant
[answer and notes]ABCDE. see "criminal procedural law" the second paragraph 161st.
The provisions of the 70 criminal procedure law of our country, the rights of the accused ().
A. attended the court debate
B. application notice new witnesses
C. proposed modifications to the court record
D. application question the witnesses or expert
[answer]ABCD and comments, see "Criminal Procedure Law" article 160th, article 159th, article 167th, article 156th.
71 A to court prosecution B commits the crime of insulting. After court, b-suit a libel. The review by the court in accordance with the counterclaim conditions, combined with the case. The court sentenced the B insult to one year in prison, sentenced to a libel to one year in prison. Not a, B two people, on the other side, the light heavy sentence on the grounds of appeal. According to the provisions of the criminal procedure law, the court of second instance shall be final when how to make (?).
A. may not increase a penalty
B. can establish a penalty
C. may not increase B punishment
D. can increase the punishment of B
72, the people's Court of second instance of appeal, appeal cases after the trial, ().
A. of the original facts are not clear, can be changed after ascertaining the facts
B. of the original facts unclear, it shall rescind the original judgment, the remand
C. of the original facts are not clear, can be reversed, remand
D. on insufficient evidence to prove the defendant guilty, should remand
[answers and comments]AC. see "Criminal Procedure Law" article 189th.
73 the following cases in the () is not subject to appeal not infliction principle limit.
A. only the accused party appeal
B. remanded by the court to reopen
C. defendant party and the complainant shall also appeal
D. discovery of new facts of the crime accused, should change range
[answer]BCD and comments, see "Criminal Procedure Law" article 190th.
74, 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
[answer]ABC and comments, see the Supreme People's court "on the implementation of (Criminal Law) interpretation of several issues" (September 2, 1998) 246th.
75 because Lee theft by a people's Court of First Instance sentenced to five years in prison. Li refused, the family, relatives or not, the defender 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
[answer]AB and comments, see "Criminal Procedure Law" article 180th.
The people's Court of first instance trial of 76 have which of the following conditions, the people's Court of second instance shall rescind the original judgment, the people's court remanded to the 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
[answer]ABCD and comments, see "Criminal Procedure Law" article 191st. A 191st ( a); BC (two), wherein, the jury is the judicial personnel; D is (three) study.
(77) 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
[answer]BD and comments, see "criminal procedural law" the third paragraph 205th.
78 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
[answer]ABCD and comments, see "Criminal Procedure Law" article 204th.
79 have the right to the people's court in accordance with the procedure for trial supervision according to law to trial the case has ().
A. people's Court of first instance
B. people's Court of second instance
The people's court for the case of C.
D. is specified retrial the case the higher court
[answer]ABCD and comments, see "Criminal Procedure Law" article 205th, article 206th.
80 If the people's court to the Supreme People's court orders of execution, shall within 7 days. But (), should stop execution.
A. Wang Mou of the accused person, before the execution to expose a crime group leader is wanted by hiding place
B. defendant Liu, before executing the statement you have been pregnant for 3 months
C. Secretary Zhang found a gross negligence, judgment, may have the wrong
D. defendant Tian. Claiming to have a child under the age of 1, breast-feeding
[answers and comments]ABC. see "Criminal Procedure Law" article 211st.

Three, arbitrary choice (L-4 correct answer, more or less the election did not score)
L. has the right to approve arrest authority is ().
A. the public security organs, judicial organs
B. procuratorial organs, the public security organ
C. procuratorial organs
D. judicial organs, the public security organ
[answers and comments]C. see "Criminal Procedure Law" article third.
2 according to China's state or international treaties and practice in narrow sense, criminal judicial assistance live domain belongs to the criminal judicial assistance in china. Accordingly, our judicial assistance included what activities? ( ).
Transfer A. of criminal litigation jurisdiction
B. asked the witnesses and expert
C. search and seizure and the transfer of goods
Recognition and enforcement of the D. criminal verdict
[answer]BC and comments, see "textbook criminal law in the criminal procedure law" the second chapter seventeenth section 3.
3 according to the law, the public in our trial, not only to the parties or other participants in the proceedings, and ().
A. to the citizen public, open to the community
B. for all companies have publicly
C. are open to foreigners
D. is not open to foreigners
[answer]A and comments, see "textbook - Criminal Law of criminal procedure law" the second chapter of tenth.
4 liang Mou (12 years old) Zhang (8 years old) kill, Zhang's parents charged to the public security organs beam of a murder, for the punishment of a beam, the public security organ shall ().
A. decided not to file
B. started the investigation
C. to transfer the case to the people's Procuratorate
D. to transfer the case to the people's court
[answer]A and comments, see "Criminal Procedure Law" article fifteenth (six), "criminal law" article seventeenth.
Under the jurisdiction of the 5 intermediate people's Court of first instance criminal cases ().
A. violate the civil rights cases
B. alien criminal or civil violations of the legitimate rights of criminal cases of foreigners
C. crimes of endangering national security
D. sentenced to life imprisonment, the death penalty cases
[answer]CD and comments, see "Criminal Procedure Law" article twentieth.
6 prisons and labor reform organs in the execution of punishment, the criminal complaint, it shall refer the matter to the () treatment.
A. of the judicial administrative organs
B. people's court
C. people's Procuratorate
The people's court D.
[answer]CD and comments, see "Criminal Procedure Law" article 223rd.
Bigamy cases (7).
A. has the prosecution by the people's court
B. victims not to prosecute the judicial organs do not have to say
C. victims not to prosecute by administrative unit
D. victims not to prosecute, accepted by the people's Procuratorate for examination and prosecution, and
[answer]AD and annotation, the Supreme People's court "on the implementation of the criminal procedure law interpretation '' of some questions" (September 2, 1998) first.
The 8 Hongkong residents in Dongcheng District Wu Liang Mou took as his wife after marriage, living in Xicheng District, in Nancheng opened printing and dyeing company owned. Liang Mou is overbearing, often at home to his wife, Wu sadism. Now Wu decided to go to law against Liang Mou maltreat, Wu should sue to which a court (?).
A. people's Court of Dongcheng District
B. people's Court of Xicheng District
C. Nancheng District People's court
D. the city intermediate people's court
[answer]B and annotation, this case crime is Xicheng District. See "Criminal Procedure Law" article twenty-fourth, the Supreme People's court "in the implementation of the criminal procedure law '' interpretation of several issues" (September 2, 1998) third.

9 "," Chinese liner Tianxiang by the South Korean port of Busan to Dalian, the boat trip to the high seas Areas South Korean citizen Jin Daoxiong alcoholism, will Chinese citizen Zhou Xiaoyan into. For the timely treatment, the ship docked in Weihai harbor will be near the victim to the hospital, then sailed to Dalian Port. In the court, which is the case of the crime under the jurisdiction of the court ( ).
A. Weihai City Intermediate People's court
B. Dalian City Intermediate People's court
C. South Korea Busan District Court
The local court D. Dalian city or Weihai City
[answer]A. and annotation. The Supreme People's court "on the implementation of the criminal procedure law, 'if (! Back to the question? (September 2, 1998) eighth.
L0., the defendant may be sentenced to death has not entrusted a defender, the people's Court () designate a lawyer who provides legal aid to defend.
The A. shall
B. can
C. must
D. should
[answer and notes]A. see "criminal procedural law" the third paragraph thirty-fourth.
Ll. defendants in criminal cases in their exercise of right of defense, the defense can also entrust the following: (one).
A. lawyer
Recommended B. people's organizations or criminal suspects, defendants unit person
C. the citizen approved by the people's court
D. suspects, defendants, relatives and friends of the guardian
[answer]ABD and comments, see "Criminal Procedure Law" article thirty-second.
12 the people's court shall refer to lawyers, extract, copy the case of the facts of the crime accused materials provide convenient He Bao permits the necessary time, these materials include ().
A. litigation documents
B. on the other case clues materials
C. technology verification material
D. collegial discussion records
[answer]AC and comments, see the Supreme People's court "on the implementation of the criminal procedure law '(if dry explanation" article fortieth.
13 for the following four witnesses, () will not be investigated by law.
A. a provide false testimony
B. B for fear of reprisals, provides no signature of witness testimony
C. C provides a minor criminal facts, deliberately concealed the serious crime of the defendant
D. Ding deliberately provides an innocent legal evidence
[answer]B and comments, see "criminal procedural law" the forty-seventh regulation.
14 can't testify people have ().
There are defects cannot properly express human A. physiology
B. young people cannot distinguish between right and wrong
The judicial personnel, C. in the case of the translators, Jian Dingren
D. accused the defender, agent
[answer]ABCD and comments, see "Criminal Procedure Law" article forty-eighth
 The 15 most common in the criminal proceedings in the main () direct evidence.
The A. statement of the victim
B. the confession of the defendant or excuse
C. eyewitness testimony
D. extraction
[answer]ABC and comments, see "textbook - Criminal Law of criminal procedure law" the fifth chapter of fourth.
The 16 documentary evidence plays an important role in criminal proceedings. The specific role is ().
A. some documentary evidence to indicate the nature of the crime
B. documentary evidence to identify other evidence of the authenticity of the role
C. in many cases, documentary evidence to prove a plot of the facts of the case; some documentary evidence to prove the case facts
D. documents are direct evidence in evidence classification
[answer]ABC and comments, see "textbook a criminal law and criminal procedure law" the fifth chapter of third.
17 Wang Xiaoer on his brother intentional injury case, in violation of a court order, the court insult witnesses, and listen to the judge's warnings to stop, a bad influence. With the approval of the president, to be what kind of punishment? ( ).
A., a fine of 500 yuan or detained for 30 days
B., a fine of 1500 yuan or detained for 15 days
C., a fine of 800 yuan or detained for 10 days
D., a fine of 2000 yuan or detained L5
[answer]C and comments, see "provisions of article L61 of the criminal procedure law".
18 when the public security organ for the arrest of an offender, ().
A. deal with the defendant custody
B. should submit a written request for approval of arrest
C. application for approval of arrest together with the case file material evidence shall be transferred to the people's Procuratorate at the same level
The people's Procuratorate may send people to participate in the public security organs in the discussion of major cases D. when necessary
[answer]BCD and comments, see "Criminal Procedure Law" article sixty-sixth.
The following (19) can be released on bail pending trial.
A. should be arrested according to law, but the children of women who carry a
B. evidence to arrest people detained by public security organs
C. should be arrested according to law, but people with serious disorders
D. clear criminal fact is prone to social dangerous people
[answers and comments]C. see "Criminal Procedure Law" article sixtieth.
20, the public security organ decides to approve the arrest of a people's Procuratorate not, think is wrong, it may request a reconsideration. You see is not accepted, it may apply to the people's Procuratorate at the next higher level for review. In the meantime, the detainee shall ( ).
A. released immediately after receiving a decision not to approve arrest after
To release immediately B. opinion is not accepted after the reconsideration
C. if not for review shall be released immediately
Review D. higher procuratorate decided whether to release
[answers and comments]A. see "Criminal Procedure Law" article seventieth.