School of criminal procedure law

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  • / Author: Aaron Lewis
41 the court record of the presiding judge to review, by (signature).
A. the collegial panel
B. president and clerk
The C. judge and the court clerk
D. president and clerk
[answer]C and comments, see "criminal procedural law" the first paragraph 167th.
42 in accordance with the criminal law that crime, the victim did not tell because the victim by the strong system, intimidation and cannot tell, the legal representative, close relative to tell, the people's Court ( ).
The A. shall accept
B. referred to the relevant departments to deal with
C. refused to accept the
D. shall not be dealt with
[answer]A. and annotation. The Supreme People's court "on the implementation of the Criminal Procedure Law ('interpretation of several issues" (September 2, 1998) 187th.
43 the accused man, 15 years old of robbery, at the age of 17 in the guilty of theft and arrested, to trial, a full 18 years old, the court, the case shall be ( ).
A. public hearing
B. is generally not a public hearing
C. can be heard in public
D. shall not be tried publicly
[answers and comments]A. see "Criminal Procedure Law" article 152nd.
44 can be the first trial of criminal cases, the trial after the incidental civil action refers to ().
A. in order to prevent the trial of the criminal case delay
B. in order to prevent the excessive delay in the trial of criminal cases
C. in order to prevent incidental civil litigation delay
D. in order to prevent the excessive delay in civil trial
[answers and comments]B. see "Criminal Procedure Law" article seventy-eighth.
45 in accordance with the provisions of the criminal procedure law of our country, the defender has the right to apply for a summon new witnesses application time is ().
A. during a court hearing
The B. court of
C. court announcement
D. collegiate bench when
[answer]A and comments, see "Criminal Procedure Law" article 159th.
46 Zhang Xiaoyong for libel to court prosecution of Wang Xiaonan. In the trial process, to reach an agreement through conciliation, mediation legal service, Zhang Xiaoyong. In this case, Zhang Xiaoyong have the right to use which kinds of practices ().
A. requires the people's Court of first instance verdict again
B. appeals to the court of second instance
C. re prosecution
D. appeal for retrial
[answer]D and comments, see in September 2, 1998 the Supreme People's court "on the implementation of (the people's Republic of China Criminal Procedure Law 'interpretation of several issues" 200th, " mediation agreement signed by the two parties that have legal effect", see "Criminal Procedure Law" article 203rd.
47 City People's court to persons under the age of 16 juvenile homicide cases of open trial, two trial, the legal representative of the defendant may, appeal, should the court of the second instance ( ).
A. commuted
B. revocation of the original sentence
C. arraignment
D. retrial
[answers and comments]B. see "criminal procedural law" the second paragraph of article 191st, 152nd.
The 48 one for theft and was sentenced to 5 years in prison, he received the verdict on April 30, 1993, he in (during) enjoy the right of appeal.
A.1993 April 30th May 9th
B.1993 May 1st May 10th
C.1993 April 30th May 10th
D.l993 May 1st May 11th
[answer]B and comments, see "Criminal Procedure Law" article seventy-ninth paragraph second, in article l83.
In 49 before the court to injury case, sister victim judge system, after the first trial the defendant appeal, the people's Court of second instance that the trial court judge should be avoided, it should be decided ( ).
In accordance with the law to A.
The trial by the court of second instance to B.
C. cassation, back to the trial court for a retrial
D. referred to a higher court
[answer}C and comments, see "criminal procedural law" the 191st regulation.
50 a party in an incidental civil action and their legal agents, such as the verdict against ().
A. to the criminal part or incidental civil part may appeal
B. can only appeal to incidental civil part
C. can only appeal to the criminal part
D. to the criminal part or incidental civil part cannot appeal
[answer]B and comments, see "Criminal Procedure Law" article 180th.
51 the second instance court both the defendant and the prosecutor appeal appeal case, the criminal punishment on the defendant to processing (?).
A. may not increase
B. can aggravate the
C. limitative aggravation
D. is not affected by the private prosecutor appeals effect
[answer]B and comments, see "Criminal Procedure Law" article 190th.
52 incidental civil lawsuit is filed in trial of second instance, the people's Court of second instance ().
A. is the trial of second instance in criminal cases, also be the incidental civil action
B. shall be returned to the people's court processing
C. can be returned to the people's court processing
D. inform the parties to be prosecuted
[answer]D and comments, see the Supreme People's court "on the implementation of (Criminal Law) interpretation of several issues" (September 2, 1998) 266th.
53 A District People's Procuratorate that the people's courts at the same level of first instance judgment is wrong, it shall lodge a protest ().
A. to the people's court at the same level
B. to a higher people's court
C. to the people's courts at the same level of the people's Procuratorate at a higher level
D. by a higher people's Procuratorate review to the people's court at a higher level
[answer]B and comments, see "Criminal Procedure Law" article 182nd.
54, the people's Court of second instance trial of second instance cases, should ()
. The facts and the law applicable to A. the first instance verdict, a comprehensive review of
B. the first trial of applicable law review
C. the first instance verdict, examine the facts
D. appeal or protest on the part of the review
[answer]A and comments, see "Criminal Procedure Law" article 186th.
The 55 intermediate people's court sentenced to death, the defendant does not appeal, how should handle? ().
A. submitted to the Supreme People's court for approval
The higher people's court B. approval
C. approved and submitted to the Supreme People's court for review by a higher people's court
The D. can be directly executed, without approval
[answers and comments]C. see "Criminal Procedure Law" article 200th.
56 Where a murder, crime of corruption, is the city intermediate people's Court of first instance were also sentenced to death, with the death penalty. He does not appeal, procuratorate did not protest. The case should be how to submitted to the review ().
A. reported to the provincial high court approval
B. directly reported to the Supreme Court approval
Review C. first provincial high court, and then reported to the Supreme Court for approval
D. homicide provincial high court approval, the crime of corruption reported to the Supreme Court for approval
[answers and comments]C. see "Criminal Procedure Law" 199th, 200. In September 2, 1998 the Supreme People's court "in the implementation of 'of the people's Republic of China criminal procedure law interpretation of several '" 275th.
57 party ruled against a legally effective judgment appeal (later).
The A. shall immediately stop the execution of the judgment
B. can stop the execution of the judgment
C. could not stop the execution of the judgment
D. executed by the people's court court execution alteration
[answer IC. and annotation. The Supreme People's court "on the implementation of (Criminal Law) interpretation of several issues" (September 2, 1998) 307th.
58 the retrial case trial period for the ().
A.2 months
B.3. months
C.4 months
D.6 months
[answer]D and comments, see "Criminal Procedure Law" article 207th.
59, the people's court in accordance with the procedure for trial supervision to the trial of the case, shall be made by the () of.
A. for the treatment of the case trial
B. be the collegiate bench
The C. trial committee
D. with its president as the presiding judge
[answer]B and comments, see "Criminal Procedure Law" article 206th.
60 in accordance with the procedure for trial supervision on the case to trial, if the original crime facts correctly, the applicable law is wrong or inappropriate, it should be how to deal with? ( ).
A. order to
B. to rescind the original judgment, the people's Court of retrial of remanded
C. to rescind the original judgment, the people's Court of retrial of remanded
If D. is indeed must be sentenced the defendant to the immediate execution of death penalty, the people's Court of first instance shall be sent to the trial
61 a defendant act constitutes a crime, the people's Court of first instance taking into account his voluntary surrender and meritorious service plot in the trial process, decision exempted from criminal punishment. Because the defendant in custody , court (after).
A. can be released immediately
B. could not immediately release
The C. shall immediately release
D. appeal, appeal period before release
[answer]C and comments, see "Criminal Procedure Law" article 209th.
62 prison and execution organs in the execution of punishment, if there is an error in the judgment or the criminal appealing, it shall refer the matter to the () treatment.
A. the public security organs
B. people's court
The people's Procuratorate or the people's court C.
D. of the judicial administrative organs
[answer]C and comments, see "Criminal Procedure Law" article 223rd.
63 If the people's court to the Supreme People's court execution command, found that criminals are pregnant, should ().
A. stop execution, until after delivery, submitted to the Supreme People's court to issue the command execution to perform
B. to stop the execution, and immediately report to the Supreme People's court
C. immediately
D. stops the execution of the people's court at the same level, report that [answers and comments]B, see "Criminal Procedure Law" article 211st. 64. was sentenced to control, criminal detention, fixed-term imprisonment or life imprisonment of criminals, during execution, shall be in accordance with the commutation, parole, the executing organ shall put forward written opinions, submitted to the (). audit.
A. people's Procuratorate
B. people's court
C. of the judicial administrative organs
The executing organ level D.
[answer]B and comments, see "criminal procedural law" the second paragraph of article 22l.
The 65 criminals in execution period, if true repentance or performed meritorious service shall be commuted, by the executive authority put forward written opinions
D. combination of principle and flexibility
[answer]ABCD and comments, see "textbook a criminal law and criminal procedure law" the third chapter of contents, report to the () rule.
A., the Supreme People's court
The higher people's Court of local B.
C. local intermediate people's court
D, the Supreme People's Procuratorate
[answer]B and comments, see "Criminal Procedure Law" article 210th.
66 for control, was sentenced to deprivation of political rights of criminals, by () execution.
A. labor reform organs
B. the public security organs
C. people's Procuratorate
D. people's court
[answer]B and comments, see "Criminal Procedure Law" article 218th.
The 67 were sentenced to prison or () of criminals, if suffering from serious need for medical treatment outside prison temporarily.
A. detention
B. control
C. 2 year stay of execution
D. deprivation of political rights
[answer]A and comments, see "Criminal Procedure Law" article 214th.
The 68 criminals in execution period, if true repentance or performed meritorious service shall be commuted, by the executive authority put forward written opinions, which ruled for organ at the next higher level? ( ).
A., the Supreme People's court
The higher people's Court of local B.
C. local intermediate people's court
D., the Supreme People's Procuratorate
[answers and comments]B. see "Criminal Procedure Law" article 210th.
69 the higher people's Court of judicial review of death sentence suspended for 2 years for the case, (), can be directly to.
A. original facts unclear, insufficient evidence of the case
B. original facts are clear, evidence really fully, conviction and sentencing appropriate cases
C. original facts are basically clear, evidence really fully use the law basic, inappropriate case
D. original facts are clear, evidence really fully, the improper application of the law case
[answer]D. and annotation. The Supreme People's court "on the implementation of the Criminal Procedure Law ('interpretation of several issues" (September 2, 1998) 278th.
Accountant Zhang isolation 70 units responsible for the people who are suspected of corruption introspection, it violates the Criminal Procedure Law ().
A. security lawsuit participates in a person litigation rights principles
The judicial organs exercise their functions and powers according to law, the principle of B.
C. all citizens are equal before the law principle
D. take facts as the basis, take the law as the criterion, principle
[answer]B and comments, see "criminal procedural law" the third regulation
Two, multiple choice [two or more than two answers, more or less the election did not score)
1 any of the following circumstances, no criminal responsibility, have been held, it shall revoke the case, or not to sue, or terminate the trial or acquittal ().
A. crime the limitation period for prosecution has been
B. defendant who is suffering from a serious disease, not at any time interrogation and trial
C. defendants to death
D. originally promulgated by the criminal law as a crime, and the current law is not considered a crime
[answer]ACD and annotation. See "Criminal Procedure Law" article fifteenth. Note: D is the fifteenth in the (six), and the applicable scope of China's criminal law time was from old and mitigating the principle.
2 li in recent years is the theft of bicycles 123 vehicles, after the incident in crossing the road when suddenly by a truck. Judicial organs may make correct decision on Lee's theft is ( ).
A. to withdraw the case
B. not to prosecute
The C. trial termination
D. acquitted
[answer]ABC and annotation. See "Criminal Procedure Law" article fifteenth.
3 which of the following conditions suitable for the defendant resides to court jurisdiction (?).
A. defendant flee hither and thither
The crime the defendant, B. slightly less harm
C. control of the defendant may be sentenced to
D. crime more difficult to determine
[answer]ACD and annotation. See "specifying the book a criminal law of criminal procedure law" the third chapter of third.
4 need to decide by the provincial procuratorate to the admissibility of the case on file for investigation by the prosecution must meet the following conditions ().
Procuratorial organs directly under the jurisdiction of the non A. cases from the Department of state functionary carry the crime
Have difficulty B. investigation by the public security organ
C. needs to be handled directly by the people's Procuratorate
D. must be approved by the people's procuratorates at or above the provincial level decision
[answer]ACD and comments, see "Criminal Procedure Law" article eighteenth.
The 5 division of the principle of criminal jurisdiction is ().
A. is easy to handle cases
B. ensures the quality of
C. balance the public prosecutor, the workload of the legislature
D. principle and spiritual combination
[answer]ABCD and comments, see "about the content in the first section of the book of criminal law and criminal procedure law" the third chapter.
Some 6 of the people's courts have jurisdiction over a case, ('.
The A. is governed by the people's court that first accepted
B. when necessary, transferred to the main criminal court jurisdiction
C. by the case cracked under the jurisdiction of the people's court
D. is a superior people's court shall designate jurisdiction
[answer]AB and comments, see "Criminal Procedure Law" article twenty-fifth.
7 the people's court shall designate a defender for the defendant ().
A. has a statutory agent but counsel did not entrust the minor
B. counsel did not entrust the deaf mute
C. does not understand our language of foreign nationals, stateless persons, and counsel did not entrust
D. prosecutor's case, the defendant's counsel did not entrust
[answer]AB and comments, see "Criminal Procedure Law" article thirty-fourth.
8 in our criminal procedure "participants in the proceedings" means the ().
A. party
B. legal representative
C. agent ad litem
D. counsel, witnesses, appraisers and translators
[answer]ACD and comments, see "Criminal Procedure Law" article eighty-second.
Special restrictions and requirements for qualification of 9 defenders is ().
A. was on probation and penalty has not completed the execution. Shall not be appointed as the defender
B. unless the defendant's close relatives, guardians, interested persons and the trial results, shall not be appointed as the defender
C. deprivation of political rights of the people, in the period of deprivation of political rights
D. unless the defendant's close relatives, guardians, working staff of public security organs, as well as the people's jury, should not serve as defenders
[answer]ABD and comments, see the Supreme People's court "on the implementation of the criminal procedure law '' interpretation of several issues" thirty-third.
10 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
[answer]ABC and comments, see the Supreme People's court "on the implementation of (criminal litigation law interpretation of several issues") thirty-third.