Scott: 2012 A criminal law -- single choice

2012ScottAThe criminal law--Multiple choice questions

 

Note: This paper for the multiple-choice, read by computer. Please fill in the answers on the answer card, do not directly answer in the paper.

 

A, single choice. Each problem set options which has only one correct answer, multiple-choice, wrong or not the election did not score. This section contains1 50Questions, each question1Points, a total of50Divided.

 

1The core of the socialist concept of rule of law is the rule of law, legal principle of crime and punishment is the rule of law is embodied in the field of criminal law. The understanding of China's criminal law provisions, which met the requirements of rule of law?

A.The criminal law article329The provisions of robbery, stealing state-owned archives, looting of state owned archives not specified, so robbery State-owned Archives Act does not constitute a crime

B.The criminal law article227The provisions of the crime of reselling tickets, tickets, ticket touts sin not specified, because airline ticket price than tickets, tickets, the greater the law profit violation, therefore reselling tickets behavior to reselling tickets, tickets crime

C.The criminal law article315Stipulates the crime of disrupting the order of supervision, the actors shall be held in accordance with the law of the criminal suspect or defendant

D.The criminal law article259The provisions of the crime of destruction of military marriage, its objective behavior should be included and active duty military spouse marriage registration, marriage or cohabitation formation of facts, but should not include long-term adultery

 

2A (15Zhou Sui), the following behavior of the argument, which one is correct?

A.A help cousin B for C owe gambling debts, common kidnapped C, during the period of detention shall not act by binding to a cause C suffocated, should be the crime of intentional homicide shall be investigated for criminal responsibility

B.A while B by pregnant women, suddenly the satchel snatched away, B fell to the ground, resulting in lower bleeding by passers-by, the hospital rescue invalid, B and belly8Months of fetal death of a should be based on both, the crime of intentional injury (to death) shall be investigated for criminal responsibility

C.A shop to their false chain exchange shop chain to escape the same style really, was clerk to seize it, do not put, fruit knife, carry out to the clerk Liantong number knife caused the injury to get, to a should be held criminally responsible for robbery

D.A is B abetting B will2Kilos of heroin from Burma into China, and from theACity toBThe city traffic and C, although the drug crime is a felony, and a large number of smuggling, transport, but for a criminal responsibility should not be investigated

 

3Causality of criminal law on the argument, which of the following is true?

A.Jia and Zhang have taken his wife of hate, a knife in an alley fight Zhang, Zhang ran out, Zhang was a speeding out of the end of the inlet of the truck hit fell dead. A causal relationship between blade behavior and Zhang a death results

B.B and Lee together hold knife rob passerby, fierce fighting, Lee embrace passers-by to B to a, the passers-by desperate resistance from Lee, Lee B pierced with cardiac death. Robbery B has a causal relationship with Lee's death

C.C in order to poison tomorrow home husband, prepared a bottle of wine on the table, and then go with her lover to rendezvous, but her husband to go home early and found the wine he drank, poisoning. Third murderer a causal relationship between behavior and her husband's death

D.The bus station in the Li Ding behind women, use of the mobile phone to Lee's, was found at the old man, "the old man and make impertinent remarks Ding pushing, mind your own business", the old man died after the old emotions, for patients with heart disease. Behavior and old Ding's death has no causal relationship

 

4About the crime of omission statement, which of the following is true?

A.A Zhang San road is the knife Li, a forward and Zhang San fight and took the dagger by three, Zhang San fell to the ground bleeding, urge a bailouts, Jia ignored escort Li home, Zhang San due to excessive bleeding to death. Constitute a crime of omission

B.B in the robberies ancient tombs, others will house dig down, fall is heavy pressure for the owner, B not master death induced by. B in the establishment of a crime robberies ancient tombs at the same time, also set up not as a crime of intentional homicide

C.C the police patrol, found a number of a young woman who is hurt, C feel whole social public security environment is not good now, It's better to save trouble., in order to avoid subsequent retaliation, quickly into another street patrol, the woman was killed. Propylene was not as a crime of intentional homicide

D.Driving to a remote section of the driving, drunk, causing fell down unconscious, Ding Mingzhi night if not rescue the victim, the victim will probably be vehicles crushed to death, but in order to avoid punishment, fled in a hurry, the victim was the other vehicle crushed to death. Ding is only set up the crime of traffic accident, which belongs to the "death caused by escape"

 

5About the justifiable defense argument, which of the following is true?

A.The justifiable defense against unlawful infringement, the objective can be as or not as subjective, but there must be intentional or negligent

B.A deliberately instigated neighbour B (uninformed) feeding dogs to chase the enemy of propylene, propylene kills the dog. C's behavior is justifiable defence of a, B is the emergency occurs, justifiable defense and emergency hedge concurrence

C.A burglary of Otome using ecstasy to the coma implementation of adultery, father came home to find a positive B insulting his own daughter, picked up a stick to hit from behind a head to a death, B father is the exercise of special justifiable defense right, not excessive defense

D.A (15(b) the age of17Years of intentional injury (c)15Years old), B implementation beaten behavior of propylene, propylene unbearable pain in the side of instigating a fight with minor injuries, C acted in self-defense

 

6About the joint crime, which of the following is wrong?

A.A kidnapping B, not involved in the kidnapping of C and a common killed B. A third accomplice in the range of intentional homicide, kidnapping is a founding, kidnapping and killing of legal punishment, C established intentional homicide

B.A robbery B will the stun, pass by C through a request for lighting, C mistook a steal B property and lighting. A C in the range of the crime of theft in the establishment of the accomplice, a robbery, theft was established

C.A bus station to pick B wallet, B found ran shouted catch the thief, friend c a motorcycle pass by a belt from the escape. A C was the accomplice of larceny

D.A robbery B to B satchel, belly fierce kick, still clutching the bag not to put B, C friend a pass by to get involved and help a to B belly fierce kick, the satchel procurable, B fell due to splenic rupture death, but cannot prove who kick. A C joint crime of robbery crime, but only a responsible for the death of B, C B is not responsible for the death of the

 

7About the unit crime, which of the following is wrong?

A.Unit crime is not a common crime, distinction but there are principal, accomplice in the criminal responsibility

B.The unit crime is applied to double penalty system, the unit can only be sentenced to a fine or confiscation of property punishment

C.Criminal law does not stipulate the unit constitution of unit crime, unit crime, shall be investigated for criminal responsibility can be directly responsible person or supervisor

D.After unit's crime, the person in charge of the unit voluntary surrender, the confession of the unit crime fact, the directly responsible person as long as truthful account of the criminal facts that he knows, constitute a surrender

 

8Applicable objects which of the following is not a community correction?

A.Criminals sentenced to public surveillance

B.The criminals under residential surveillance

C.Being temporary execution outside prison of criminals

D.The criminals are on parole

 

9On the surrender of the argument, the following statements which one is correct?

A.A voluntary surrender and confession of his crime of false accusation of others, but did not indicate a staff of state organs identity. A voluntary surrender

B.B commits the larceny, B's father by bundle methods will be sent to the public security organ, if B can confess voluntarily surrender, B

C.C fraud, the first call to the public security organs, the confession of his crime, and then fled. C is not established

D.Ding committed the crime of causing traffic casualties, escape and active justice, truthfully confession crimes, not the establishment of surrender

 

10On parole, which of the following is true?

A.Be sentenced to life imprisonment, the actual execution13Years before parole, probation period13Years

B.Commutation to life imprisonment, the actual execution25Years before parole; reduced to25Years in prison, the actual execution20Years before parole

C.Punishment is life imprisonment, may also apply for parole

D.No parole shall be restricted to the criminal violence crime

 

11On criminal responsibility of drunk driving, which of the following is wrong?

A.A in a friend's home drunk to drive motorcycle back to the village, due to the fast speed in greet people with the motorcycle will kill village zhang. The nail should take the death caused by negligence crime

B.B for a handling factory driver, a day for drunk driving motor vehicle operation, he killed another worker. To B should be a major liability accident crime

C.C drunk drunk not red light intersection, will cross the road Lee hit fell dead, for the escape responsibility, C quickly fled the car, but at the next intersection collision accident caused by cut again, before the car personnel two people injured, the propylene to endanger public security crime by the dangerous method

D.Driving a motor vehicle in Ding drunk on the road, was sentenced to the crime of dangerous driving, rodine within five years for another crime, may constitute recidivism

 

12A company in order to solve the shortage of funds, to the contract signed with the fictional units, to apply for bank loans300Million yuan, and the money for the purchase of wine making equipment and raw materials, due to not open market, deficit of in successive years, led to the bank's ability to repay the loan. For a company to obtain bank loans, which of the following statements are true?

A.Constitute the crime of fraud of the loan

B.Constitute the crime of contract fraud

C.Swindles the loan crime

D.Civil fraud, do not constitute a crime

 

13A counterfeit crime, which of the following is not true?

A.Because the sale, purchase, transport of counterfeit currency crimes in the "counterfeit" does not include altered currency, therefore, sale, purchase, transport altered currency, does not constitute a crime

B.Zhao Qiang and used in buying a lot of counterfeit money, breaking the purchase of counterfeit currency crimes and the crime of using counterfeit money, but only to buy counterfeit crime

C.Zhang San in the transport of counterfeit money on the way, stopped in at the hotel to rest, to the hotel to pay accommodation expenses, using counterfeit money. Zhang San transport of counterfeit currency crimes and the crime of using counterfeit money, the combined punishment for several crimes

D.Li Si and Wang Wu in the process of signing the contract, in order to cheat Wang Wu trust, took out fifty thousand yuan counterfeit money to watch, Wang Wu called for the "money" as a deposit to his office, Li Sizhao. Li Si does not constitute the crime of using counterfeit money

 

14The evaluation about the killings, which of the following is true?

A.A procedure in an illegal organization, forcing others to sell blood, causing the death of another, with intentional homicide crime

B.B in the process of rape women, women's father was blocked, B to kill, then B belongs to rape death

C.C in the process of robbery, were passers-by stop, C will passers-by killed, then C belongs to the robbery causing death

D.Ding in the process of illegal detention of others, was the victim of abuse, Ding angrily to the killing, then Ding belong to the violent deaths, with intentional homicide crime

 

15The argument about rape, which of the following is true?

A.A in order to smooth the rape judo athlete Lee, ready to kill and rape, a self behind the head with a stick to Li Mou, Li Mou fell to the ground, a touch of nasal NO, thought to have been killed, along with the implementation of the rape. Actually, Li Mou after blunt hit by deep coma, the people sent to hospital to survive. A form of intentional homicide and rape (attempted) punishment

B.The king's daughter in B attempted rape, violence in the process, Wang Nv constantly shouted for help, a fear of being heard but will kill it, then the implementation of the rape. B which constitute the crime of rape (attempted), intentional homicide and crime of insulting the corpse, should be punished

C.C to rape a woman, a woman will kill necrophilia, then C constituted the crime of intentional homicide, rape (attempted) and the crime of insulting the corpse, should be punished

D.Ding and Zhao conspiracy gang rape young female, the young female violence after the rape, Zhao Mouxian, Ding see Yang poor abandoned rape behavior, then Ding Zhao Mou constitute rape accomplice offense, aggravated the applicable gang rape

 

16A in8Floor balcony garden, accidentally will Jin Zhuozi (value3Million yuan) thrown downstairs. Armour instantly let son stared in the upstairs, he ran downstairs to pick up the bracelet. Pass by here B saw a golden bracelet on the ground, who thought it was accidentally lost, in a prior to the arrival of pick up the bracelet quickly fled the scene. A multi query to find B, but B deny picked up gold bracelet. B behavior constitute what crime?

A.Larceny

B.The crime of Embezzlement

C.Snatch crime

D.Does not constitute a crime

 

17About a robbery causing serious injury, death of understanding, which of the following is wrong?

A.A burglary, then open the door to leave, the return encounter neighbors, a thought is the victim of the stab into severely wounded escape, then a belongs to rob the wounded

B.B using sticks stun the victim won the bag away, the victim to react immediately after B, in crossing the road when he was hit by a car into the wounded, rescue invalid death, then B belongs to the robbery causing death

C.Acrylic knife robbery victim, alarm c hostage standoff with the police, the victim, the negotiations without result and propylene emotional situation, decided by a sniper shot C looking, but the sniper dropped the victims killed, C but surrender executed, then C belongs to the robbery causing death

D.Ding in the bus to pick it, just get ready to leave, the victim's property is lost, with catch Ding ask, Ding Shishi fled the violence will seriously wounded after. Ding belong to rob the wounded

 

18Sohn, making copies of pornographic discs, in addition to sell, many also will lend more people viewing pornographic discs. About the sun's behavior, which of the following is true?

A.To create, copy, sell, dissemination of pornographic materials for profit crime punishment

B.In organizing the broadcasting pornographic audio-visual products shall be given a heavier punishment for sin

C.To create, copy, sell obscene goods crime of spreading obscene articles for profit and crimes

D.The crime of spreading pornographic articles shall be given a heavier punishment

 

19On the crime of bribery claims, which of the following is true?

A.A (municipal organization minister) accepting bribery under the hundreds of civil servants or public servant family and promised to work assignments, but without practical arrangements, the. A bribery crime

B.B (director of City Land Bureau) in the hope that real estate developers Zhang and his communication bid a block, B said his "daughter" even no place to live, live in the school dormitory, to take care of her is not easy. Zhang then central a200Flat apartment layout of hardcover housing property do to stem the daughter (informed). B and its "dry daughter" constitute the accomplice of bribery

C.C (the City Public Security Bureau to lover) from the families of suspects50Million yuan reward costs and fees to the Municipal Public Security Bureau "fishing", in fact, C are not going to mention this to the director, said repeatedly shirk the suspect family need time. C constitute the crime of bribery

D.Ding (City Land Bureau deputy director in charge of the land auction), informed the important condition to a Real Estate Company, which gains the gold plots. Ding after retirement, the company in order to thank, decided to send small value5Massage bed million. Ding Goucheng bribery

 

20About this crime story, which of the following is true?

A.Jia and Zhang as a judge, Zhang relates to a nephew in the undertaking of criminal cases, to accept a Request Forgery the defendant's age, which the defendant has not reached the age of criminal responsibility was declared innocent in the corresponding. Jia and Zhang constitute the crime of complicity

B.B, a high court judge, in undertaking intentional injury case, accept the victim's family50Million, the immediate execution of the defendant need not be sentenced to death penalty. B constitute this crime and crime of intentional homicide of the imaginative joinder of offenses, and bribery crimes

C.C for the identification of the public security organs, in accepting the party family property, in the expert opinion will seriously to minor injuries, which the defendant set. C constitute this crime and the crime of bribery, choose a heavier punishment

D.Ding for the personnel of the public security organs, in undertaking criminal cases, give bail for that should continue to detain suspects. Ding Goucheng crime

 

[answer]

 

1[explain] test of governing the country according to law, legality, criminal law

Answer.D

[analysis]ANot elected, in propositional view, rob behavior includes rob light behavior, to the State Archives behavior should be in order to snatch the state-owned archives crime;BNot elected, plane tickets and tickets, tickets to parity concept, its upper concept for securities, if the ticket explanation for the ticket or tickets, is the analogy to explain, in violation of the statutory;CNot elected, subject of crime of disrupting the order of supervision is being held in accordance with the law of the convict, questions of what the subject is the subject of crime of breakout;DAn elected, objective performance of bigamy for registration of marriage and the marriage of fact, the crime of destruction of military marriage proportion of crime more objective performance marriage cohabitation, but does not include adultery.

 

2[the criminal responsibility of the relative age of criminal responsibility centre]

Answer.D

[analysis]AItem is not elected, the crime of unlawful detention crime of non violence, death does not result into the crime of intentional homicide, just upgraded legal punishment;BItem is not elected, the crime as the robbery and the crime of negligence causing death of the imaginative joinder of offenses, one felony punishable;CAn elected or not, on a should be the crime of intentional injury shall be investigated for criminal responsibility, rather than a robbery.DAn elected, the relative age of criminal responsibility for the crime, only responsible for trafficking.

 

3[that] causality test

Answer.B

[analysis]ANot elected, intervening factors and abnormal effects, slashing the behavior and Zhang a death results no causal relation;BAn elected robbery, accomplice of serious injury or death to the aggravated offense of crime of robbery;CNot elected, activities of daily living, preparatory crime accidental harm result, has no causal relationship in the crime, causality is the behavior and results;DItem is not elected, the harm result abnormal physical causes, are identified as a causal relationship.

 

4[D] not as a crime

Answer.B

[analysis]AItem is not elected, the justifiable defense behavior does not belong to a duty arising from antecedent actions;BAn elected, meet four conditions are not as a crime;CNot elected, C of the act constitutes a crime of malfeasance, with intentional homicide of non equivalence;DNot elected, Ding should constitute omission crime of intentional homicide.

 

5[D] self-defense, emergency hedge

Answer.B

[analysis]ANot elected, illegal violation can be guiltless event;BAn elected, justifiable defense and emergency hedge concurrence, first identified as justifiable defense;CNot elected, intoxication of rape, robbery, because does not have the degree of violence is serious, shall not apply to special justifiable defense;DNot elected, implement defense object only for illegal violation of.

 

6[D] inherits accomplice

Answer.C

[analysis]ANot elected, in combination with the crime situation, only after a successor in crime, does not constitute a combination of crimes, only to set up a participation of the post crime;BNot elected successor, know the truth but participates the crime (fact error), can only be established accomplice in the coincidence range;CAn elected, armour has accomplished offense of theft, was not inherit accomplice, C shall constitute harboring crimes;DNot elected, responsible for the death of a to B, C is not responsible for. Note: even a not kick the B, C B only kick death, a and C to B dead bear the blame.

 

7[D] the unit crime

Answer.B

[analysis]ADAn elected or not, are the contents of the judicial interpretation, note:DItem, in the unit surrendered to the premise, the person directly responsible person in charge or directly as long as the confession of his crime fact that know, can be regarded as voluntary surrender, do not need to voluntarily surrender conditions; otherwise, the unit did not constitute a surrender, you need to have conditions such as voluntary surrender and confession.BAn elected, unit crime punishment, is the principle of double penalty system, but also a single penalty situation; double penalty system, the unit shall be sentenced to a fine, a single penalty, punish the directly responsible personnel, not to punish the unit.CItem is not elected, the position held by the judicial examination, but the judicial interpretation have different rules for individual cases, such as the implementation unit loan fraud, because the criminal law of our country stipulates the subject of fraud crime of loan can only be a natural person, the judicial interpretation of the provisions of units in the implementation of the crime of contract fraud punishment, conviction. According to the theory of the judicial examination, need not be identified as the crime of contract fraud, loan fraud crime with criminal responsibility, accountability can be relevant responsible person.

 

8[D] applicable objects, criminal law amendment (eight) and community correction2012The new content of Criminal Procedure Law

Answer.B

[analysis] community correction is the relative execution and prison correction, therefore only the convicted criminals in comply with the applicable conditions of community corrections. The criminal law amendment (eight) the provisions of the three kinds of application objects of community correction, respectively for the criminals sentenced to public surveillance, probation, parole;2012The criminal procedure law revised provisions of the criminal execution outside prison temporarily. Criminals of surveillance of residence is not applicable to pending criminal, community correction, elected.

 

9[center] that surrender

Answer.C

[analysis]AAn elected or not, take the initiative to declare the crime fact, conceal the establishment of surrender of sentencing effect, do not belong to the confession of his crime.BAn elected or not, according to the judicial interpretation, B was not surrender, provides discretionary lighter punishment can refer to.CAn elected, to confess, and do not take the initiative to bring to justice, not the establishment of surrender.DNot elected, escape after traffic accident, and take the initiative to bring to justice, truthfully metasomatism crimes, constitute a surrender, but should be in accordance with the law to the heavier punishment for reference, depending on the circumstances of the lenient punishment decision.

 

10[D]

Answer.C

[analysis]AAn elected or not, life imprisonment, the probation period is still10Years, the amendment (eight) has not been revised;BAn elected or not, stay committed shall not directly parole, commuted to life imprisonment, jail after parole, but restrictions on commutation of the sentence made without the possibility of parole, options on the actual execution sentence restrictions are restrictions on commutation sentence make at least the actual execution sentence rules;CAn elected, so long as any number of sin sin not sentenced to10Years in prison penalty above, even though both more than10Years in prison penalty above, can also be a parole;DAn elected or not, is not to be violent crime, but without the possibility of parole.

 

11[D] the crime of dangerous driving, the traffic accident crime, the crime of endangering public safety

Answer.D

[analysis]ABCAre convicted and punished right, not elected.DAn elected, Ding could not constitute recidivism, because the dangerous driving crime tallest penalty of detention, does not meet the general recidivism conditions.

 

12[center] distinguish fraud, contract fraud crime of loan fraud, swindles the loan crime, civil

Answer.C

[analysis]AAn elected or not, according to the judicial interpretation unit loan fraud, does not constitute the crime of fraud of the loan, in accordance with the contract fraud, contract fraud crime;BNot elected, company a loan after the purchase of wine making equipment and materials belonging to the normal operation behavior, can not be identified as having the purpose of illegal possession, does not constitute the crime of contract fraud;CAn election,DAn elected or not, whether the behavior of a company in violation of the law, "criminal law amendment (six)" the new swindles the loan crime, not the purpose of illegal possession, the cheating by way of loans, resulting in serious consequences, constitute the crime of loan fraud.

 

13[center] identification of counterfeit money crimes

Answer.D

[analysis]AAn elected or not, the law of "counterfeit" refers to counterfeit currency, not including altered currency. For example, sale, purchase, transport of counterfeit currency crimes, financial staff, to buy counterfeit counterfeit money in exchange for the crime of money, hold, the crime of using counterfeit money. That is to say, sale, purchase, transport altered currency, does not constitute a crime.BAn elected or not, the behavior of the people buying counterfeit money after use, with the purchase of counterfeit currency crimes shall be given a heavier punishment, no longer use of counterfeit currency crimes (absorbable offense principle).CAn elected or not, people sell, transport of counterfeit money, at the same time the use of counterfeit money, the combined punishment for several crimes.DAn election, because the counterfeit money as a deposit to pay each other, constitute the crime of using counterfeit money.

 

14[D] related crime of intentional homicide behavior evaluation

Answer.C

[analysis]ANot elected, according to criminal law article333Article2The provisions of paragraphs, illegal organization or forced to sell blood cause harm, legal fiction for the crime of intentional injury crime;BItem is not elected, the Party B to rape and murder crime punishment;CAn elected, belonging to the robbery causing death of aggregated consequential offense, attention andBA comparison of the situation;DAn elected or not, the process of illegal detention, another criminal intention deliberately killed the victim, to the crime of illegal detention and intentional homicide crimes, does not belong to the process of violent deaths caused by illegal detention (case law as a crime of intentional homicide crime).

 

15[D] the crime of rape, murder, crime of insulting the corpse, complicity, crime number

Answer.B

[analysis]ANot elected, a belongs to the crime of intentional homicide and rape (attempted) of the imaginative joinder of offenses, choose a heavier punishment;BAn elected, B first rapists and behavior, because the victim against attempted, and another attempt to prevent divulgence of one's secrets, killing the recrudesce after commit necrophilia and implement, three committed three crimes, were established, to punish;CNot elected, C is for rape, murder, constituted the crime of intentional homicide and rape (attempted) of the imaginative joinder of offenses, choose a heavier punishment, at the same time, C has also implemented a necrophilic behavior, constitute the crime of insulting the corpse, need to punish crime and before;DNot elected, Ding and although Zhao conspiracy gang rape young female, but because the give up rape behavior, Ding Zhao Mou only constitute rape accomplice crime, legal punishment cannot be applied to gang rape.

 

16[Abstract] distinguish point of fact cognitional error, embezzlement and theft

Answer.B

[] a careless will Jin Zhuozi (analytical value3Million yuan) thrown downstairs and immediately let son stared in the upstairs behavior showed a still occupies the bracelet, because the possession in criminal law only requires the others with general, abstract controlling consciousness to dominate its de facto property, including clear dominant consciousness, including potential dominant consciousness. So the property objectively still belongs to occupy others' property. When B picking up the property, taking into account the existence state of the property, the property belongs to the subjective awareness of lost property. That is to say, the behavior person B has subjective occupation intention, objective implementation of theft, which belongs to the abstract the fact error problem. According to the abstract understanding of the facts wrong processing principle, namely in terms of abstract mistake of fact (in not punish the attempted felony and misdemeanor penalties in felony attempted but accomplished offense to a felony offense under), should first from the objective things misdemeanor subjective or misdemeanor proceeding, and then judge whether should relative with the objective facts or subjective understanding, so as to draw a correct conclusion. B has subjective petty crime of embezzlement crime intentionally, theft behavior objectively contains embezzlement content in the evaluation of law, so in the crime of embezzlement range of subjective and objective, the establishment of the crime of embezzlement behavior of ethylene. SoBOptions are correct,ACDError.

 

17[D] aggravated offense of crime of robbery

Answer.B

[analysis]ANot elected, a burglary, for resisting arrest, third men on the spot to stab into severely wounded the use of violence, which belongs to the robbery, and aggravated offense, a concerning object recognition error does not affect the conviction and sentencing.BAn elected, the victim in the chase suspect themselves in the course of accidental injury or death, does not belong to the robbery causing serious injury or death of the aggregated consequential offense, on the contrary, if the suspect after the knife to the property, the victim was killed by a car or injured by looking across the road, belonging to the robbery causing death or serious injury.CItem is not elected, the police decided to kill the suspect is not inappropriate under special conditions at the time, due to technical errors missed killing sniper victim consequences, need to be undertaken by the criminal suspect, which belongs to the robbery causing death.DNot elected, transformed robbery, causing serious injury, death, and belongs to the robbery causing serious injury, death.

 

18[D] production, copy, sell, dissemination of pornographic materials for profit crime and crime of spreading pornographic articles, the number of crimes

Answer.C

[analysis] our country criminal law about the obscene goods crime, at the same time propagation behavior or to profit for the purpose of communication behavior to form an independent crime. Sun Mou to profit for the purpose of making, copying, selling pornographic discs, form production, copying, selling pornographic materials for profit crime; at the same time, Sun Mou is not for profit, but to the propagation behavior of many people lent pornographic discs, constitute the crime of spreading obscene objects, two crimes should be punished. Therefore,CAn election.

 

19[D] the bribery crime and accomplice

Answer.B

[analysis]ANot elected, sexual bribery under such conditions, does not constitute the crime of bribery, but if the provided service through entertainment consumption, can constitute the crime of bribery;BAn elected, bribery, bribery will clear property transferred to the third person, if third people informed, constitutes a crime of accepting bribes accomplice, do not know, do not constitute accomplice;CNot elected, C did not use director authority "fishing" plan, the only opportunity to fraud, crime of fraud;DItem is not elected, so in theory called "post factum bribery", but must have agreed otherwise, does not constitute the crime of bribery.

 

20[D] the crime, bribery, to help destroy or falsify evidence, crime, complicity, crime number

Answer.D

[analysis]ANot elected, Jia and Zhang is not the accomplice, constitute a crime of fabricating evidence, helping to destroy, Zhang constitute this crime;BNot elected, for taking bribes and bending the law for, choose a heavier punishment, not punishment;CNot elected, C constitute the crime of bribery and perjury, shall be punished;DAn elected, Ding should be identified as a crime.