2012ScottBThe criminal law-Multiple choice questions

 

Two, multiple choice questions. Each item in the options with at least two correct answers, multiple choice, choose a smaller, wrong or not the election did not score. This section contains51 85Questions, each question2Points, a total of70Divided.

 

51The classification about elements of the elements constitute crime, which of the following statements is true?

A.The criminal law article263Provisions in the crime of robbery, the objective behavior belongs to the written subjective elements, "the purpose of illegal possession" belong to the unwritten constitution

B.The criminal law article389The provisions of the crime of bribery ", gives property to a state functionary" belongs to the objective, positive elements; "for blackmail gives property to a state functionary, gains no illegitimate interests, not bribery", belong to the negative elements

C.The criminal law article237The provisions of the crime of child molestation, "obscene" belongs to the normative elements, "children" belonging to the account of the elements

D.The criminal law article347The provisions of the crime of traffic in drugs, "drug" belongs to the descriptive elements, "selling" belongs to the normative elements

 

52About expected possibility argument, which of the following statements is true?

A.With intent, negligence, may not look forward to the possibility of

B.The crime after destroying himself the evidence of the crime behavior does not constitute a crime, because of the lack of anticipated possibility

C.In judicial practice, due to natural disasters, outflow living again, is not to the bigamy crime, because of the lack of anticipated possibility

D.A penniless beggar theft of property of others in order to survive, because of the lack of anticipated possibility, not recognized as theft

 

53Not as a crime, which of the following statements is true?

A.Not as a crime and attempted crime unfinished form

B.Meet the not as the objective conditions of crime does not necessarily constitute a crime

C.A naked in the yard to enjoy the cool, suddenly woke up to see the young girl in the obscene, a without a stop, omission constitutes the crime of child molestation

D.B over fifty years old (unmarried), a slip women C, brought to their home neutral trading, because B excited cause heart attacks, C Cijing see hurriedly escape, not the implementation of any rescue behavior, B because no rescue died at home, C not constitute a crime as

 

54Understanding of the facts wrong view, which of the following statements is true?

A.A B C the shot left a dog (once bitten a), B for the poor marksmanship, killing the third, then a and B as: B set up the crime of negligence causing death, a not guilty

B.A solicitation B shot in the grass of propylene, ethylene implement shooting behavior, because C leave not only kill C, dog, is characterized as: a B (abettor) B (crime) the establishment of crime of intentional homicide (attempted) common crime, B shot dogs behavior does not constitute a crime

C.A (to kill for the purpose) about B common violence against C, B mistook injury, death is a result of C, characterized as: a set of intentional homicide (accomplished), B (the establishment of the crime of intentional injury crime causing death,), and the establishment of common crime in intentional injury causing death. Wai

D.Party A and Party B is the murder of C (Museum), and at the same time the gun shot C, results a hammer China home of precious cultural relics, Yi Wei hit any target, then a and B as: a joint crime of attempted murder, a cultural behavior does not constitute a crime

 

55On the form of crime story, which of the following statements is true?

A.A burglary, just enter the door to find the owner Zhao in firing shotgun, quit. A set of attempted robbery

B.B instigation LiuMou burglary, Liu stolen property after the owner found, to resist arrest will host up badly. Because Liu Mou was robbery, so B belongs to the attempted instigation

C.C even open five gun did not hit the enemy Sohn, found that only one bullet, I thought: "this is too bad, how also can't hit, the last bullet or future use", and went away. C the suspension of crime

D.Ding Youpian's going somewhere, is to the actual kidnapping of women, women in going somewhere on the way to feel wrong, he returned to. Ding Chengli kidnapping attempt

 

56About a crime story, which of the following statements is true?

A.A solicitation for pregnant women after the birth of a child to sell to B C, because the object of the crime is not exist, therefore, Jia is not an abettor

B.A solicitation B, let B to instigate C robbery, robbery is a C, constitute the crime of robbery abettor

C.A B implementation of abetting theft, theft and teaching techniques, ethylene act and has large amount of property, is a crime and crime of imparting criminal methods, the combined punishment for several crimes

D.A (mistakenly think that B has the capacity of criminal responsibility) to B (in fact no criminal responsibility) act, the B act, has large amount of property, a form of Abettor

 

57The argument about recidivism, which of the following statements is wrong?

A.Armor for the crime of intentional injury was sentenced to seven years in prison, since1990Years8Month30To1997Years8Month29Date. A to1995Years5Month20Day parole, in1996Years8Month25Japan committed crime of blackmail and impose exactions on. A recidivist

B.(b17Years old) for theft and was sentenced to three years in prison,2007Years3Month25Date of release,2011Years3Month20And because the theft was sentenced to one year. B the recidivist

C.C because stealing state secrets, information was sentenced to deprivation of political rights for four years,2006Years4Month21Date of release,2011Years5Month20For making the financing of terrorist activities, was sentenced to a year of control. C the recidivist

D.Ding was sentenced for others to provide ISBN criminal offense of obscene publication2Year prison sentence, since the1995Years5Month15To1997Years5Month14Day. Ding Yu1997Years5Month15On the way home in the prison committed the crime of intentional injury. Ding Goucheng recidivism

 

58Which of the following statements in the case of need for?

A.In the process of statutory, obscene abducted young girl

B.During a robbery, was the revolt, kill and take the money

C.In the process of smuggling cultural relics, violent resistance to anti smuggling

D.During the kidnapping, and robbing the kidnapped person portable property

 

59On infringement of citizens, the democratic rights of crime, which of the following statements is true?

A.A mother in advanced cancer, on the verge of death, the mother unbearable suffering and that expensive maintenance treatment costs, after I go to a left a lot of foreign debt, no longer required maintenance therapy, a answer, then removed the maintaining device, the death of the mother. A omission constitutes the crime of intentional homicide

B.B, Li and Zhang drink similar to the "fun", then stopped the night Home Liu female support to remote offices rape, Zhang, Li Mou rape is completed, B for drinker gave up the gang rape behavior, B, Zhang and Li Mou constitutes the crime of rape accomplice, apply "gang rape" aggravated

C.C "sorcerer" for the village, village women sick take medicine do not find Liu Bing, Bing Liu Moupo attractive advantage of superstitious rhetoric makes the trust and their copulatory once illnesses, Liu agreed, propylene. C which constitute the crime of rape

D.Ding official corruption, but not reuse. Ding friends advice said: "I went to expose your corruption, let a person to check, can be famous". Ding Tongyi, Ding Ding's friends to expose corruption. Ding still constitute crime of false accusation

 

60On the crime of embezzlement, which of the following statements is true?

A.A (station sales) accepted to go to the bathroom passenger Zhang commissioned to look after the luggage while walking, Zhang, Jia Zhang containing notebook computer package, to Zhang back count luggage found computer board missing, Jia said he also not clear, just to buy things customers much more special. Constitute a crime of Embezzlement

B.B (courier) found a computer package in the stairs next to the trash can (there are thousands of dollars of computer accessories), others thought is forgotten things (all the man in the next store fetch), take forcible possession of. B constitute the crime of theft

C.C (taxi driver) in La guests Lee arrived at their destination, Lee payment off but a handbag on the back seat, C to see the real, in the Li Mouyi get off that drive away, to be Lee count luggage has been found, by far. C constituted the crime of Embezzlement

D.Ding and Liu for lovers, Liu's cash by Ding's bank card deposit, after the two trouble broke up, Ding Liu's savings and take forcible possession of, cut off all contact with his way of liu. Ding Goucheng embezzlement

 

61The crime of robbery crime story, which of the following statements is true?

A.A conspiracy to private enterprise owners C hostage to the van robbery, getting only cash300Element. A and B are not cost-effective, forcing C say wife Ding's phone number, call Ding ransom20Million. Then a and B constitute the crime of robbery and kidnapping crime, felony punishable

B.B to rob passers-by on the neck of the gold necklace will passers-by killed, B made necklace, passers-by found Pocket Wallet, so also will the wallet pocket. B constitute the crime of robbery and theft, the combined punishment for several crimes

C.Party A and Party B and C from a rape, rape, B to help hold C stop the rebellion. In the struggle, C wallet drop, B picked up the pocket, the A and C were informed. Then a and B which constitute the crime of rape and the accomplice of larceny, the combined punishment for several crimes

D.Acrylic knife rob passers-by, passers-by while C unprepared escape, escape the lost wallet (with cash and credit cards), C lost. Then C constitute the crime of robbery (attempted) and embezzlement crime, punishment

 

62About the crime of obstruction of justice view, which of the following statements is true?

A.Perjury, an agent ad litem fabricating evidence, the crime of obstruction of witnessing the behavior can only occur in the process of criminal proceedings

B.In the criminal procedure, the accomplice to the other suspects destroy, forgery, because there is no possibility of expectation, so it was not helping to destroy, crime of fabricating evidence

C.In the criminal procedure, the criminal suspect, is not conducive to criminal suspects forge evidence, which shall be investigated for criminal responsibility or heavier punishment, because the suspect make promises, help does not constitute the crime of helping forge evidence

D.In the criminal trial process, the victim intentionally makes a false statement of the case facts, in order to frame the defendant, the victim is a crime of false accusation

 

63Of influence using bribery claims, which of the following statements is true?

A.Wife of a state-owned enterprise manager of a department, a let her husband's right to dismiss corporate treasurers, and to replace sb. friend Chen, Chen presented a a value12Million cars. A composition using influence bribery

B.National staff B lineage left, please replace the director for a lack of qualifications Lee for company registration, charge Lee10Million yuan. B bribery crime by the influence

C.Son of a state Department officials the C system, the management of his father, please his father a subordinate enterprise will be substandard conditions included in the scope of government procurement, accepting the enterprise5Million yuan. By using the influence of bribery crime

D.Ding is a national staff, in charge of the land auction work to a Real Estate Company reported important situation, make its get gold plots. Ding after retirement, the company plans to send thanks, and D value5Massage bed million. Ding Goucheng use the influence of bribery

 

[answer]

 

51[D] constitute elements of the elements of the classification

Answer.ABC

[analysis]ABCAll classification are correct, elected;DNot elected, drug trafficking, are descriptive elements. You need to understand the elements of crime classification memorizing combination of criminal law provisions, the examination site since09Years to11Years have3Years before the exam,2012Should be concerned.

 

52[D] the anticipated possibility theory and Practice

Answer.ABC

[analysis]AAn elected, whether the actor has intentional, negligence, and whether it has the possibility of expectation, are two different issues, namely the intentional or negligent crime, actors may not have anticipated the possibility, eliminate crime.BAn elected, according to the provisions of the criminal law, subject to help, destruction of evidence crime is the crime outside, the prisoners do not constitute crime of help, destruction of evidence, such as the implementation of theft, and receiving, transfer, sale of stolen goods, without a cover up, conceal the proceeds of crime, the proceeds of crime, which contains the theory is the theory of anticipated possibility, for example can also be downloaded from the absorbable offense principle concluded.CAn elected, is not only the judicial interpretation of the contents, but also from the theory of anticipated possibility that.

DNot elected, criminal to exclude liability is every part, self-defense, emergency hedge is stipulated by the criminal law ground for elimination of criminality, duty behavior, legal behavior is the traditional theory of recognition of ground for elimination of criminality, the victim's commitment, knowledge of illegality, the anticipated possibility is the new theory put forward by elimination of criminality, and in Zhenti have makes check (the victim's commitment, knowledge of illegality2011Just once again test). Look forward to the possibility of self08Years of Sichuan delay after the test, the existing3Years without examination, the examinee should pay attention to. The theory of anticipated possibility to test, in order to avoid controversial answer, will try to combine the criminal law or judicial interpretation contents of practice perspective. For the lack of corresponding provisions of criminal law and judicial interpretation for comment has not expected possibility conclusion is wrong conclusion, this is the case, criminal law has no provisions in order to survive that can go to the theft of public or private property provisions, so it does not have the possibility of expectation behavior is a possibility, beggars constitute the crime of theft.

 

53[D] not as a theory and practice of crime

Answer.ABC

[analysis]AAn elected, not as a crime discontinuance;BAn elected, in theory, does not meet the four conditions as committed to constitute a crime, it must meet specific crime constitution can;CAn elected, for young girls obscene man, man has to stop the duty, otherwise, the establishment of nonfeasance crime of child molestation;DNot elected, for a particular field all the control or management obligations in specific circumstances, risk control or management in place to prevent obligations, such as dominator into their closed courtyard in critically ill patients, who can not take care of children, in the difficult for others to find and rescue, a rescue duty; to others show place the manager has to stop the obligation of pornographic performances. This occurred in the B, C no rescue duty, if implemented in C information transaction, then C rescue duty, can establish the crime of omission.

 

54[center] criminal facts wrong

Answer.ABC

[analysis]AAn elected, dog behavior, non crime, subjective state and shoot to kill dogs for negligence;BAn elected, B fault shooting dogs, the criminal law not stipulated the crime of damaging property crime;CAn elected, part joint crime theory;DNot elected, a destroyed heritage acts constitute negligence damage cultural relics crime, which belongs to the imaginative joinder of offenses.

 

55[center] crime cognizance

Answer.ABCD

[analysis]AAn elected, was established for robbery. Distinguish between preparation for a crime and attempted crime is whether to proceed, namely whether legal interest is realistic and urgent threat.BAn elected, the establishment of abetting accomplished, because Liu Mou robbery is transformed to the theft.CAn elected, not crime discontinuance, although belonging to automatically stop the infringement, but did not give up the enemy Sunmou homicide.DAn election, set up preparatory crime, which belongs to the manufacturing conditions on the behavior of.

 

56[D] the instigator

Answer.AC

[analysis]AAn elected, crime object does not exist, do not affect the identification of abettor;BNot elected, indirect instigation, an abettor;CAn elected, in such circumstances, one felony conviction and punishment, not punishment;DXiang Zhengque, in such circumstances, the Department of justice in the three volume point of view, an abettor, rather than the indirect principal offender.

 

57[D] the general recidivism and special recidivism conditions

Answer.ABD

[analysis]AAn elected, one of the elements of recidivism is after crime must occur before the crime, the punishment has been completely executed or forgiveness after five years, the probation period is penalty execution period, the new crime, the parole revocation, the combined punishment for several crimes (Xing Fadi65Article,86A).BAn elected, dissatisfaction18Minors crime does not constitute recidivists, B before committing crime of theft is not full18Years of age (Amendment eight6A).CNot elected, stealing state secrets, intelligence crime belongs to the crime of endangering national security, terrorism crime is the crime of terrorist activities, belongs to the special recidivist crime, punishment, crime in the interval before and after no requirements (Amendment eight7A).DAn elected, before and after the crime recidivism requirements must be intentional crime, is classed as an obscene publication of others for the crime of negligent crime.

 

58[D] one crime and several crimes

Answer.AC

[analysis]AAn elected, kidnapping crime and child pornography crimes;BNot elected, robbery causing death, but if not for money, another attempt resisting arrest or kill kill, further evaluation as a crime of intentional homicide, should be combined punishment;CAn elected, crime of smuggling cultural relics and obstruction of official crimes, note: drug smuggling, to secretly cross the national boundary (border) environment, any armed or violence to resist, neither shall be given a heavier punishment plot, nor, but aggravated offense by circumstances, upgraded the legal punishment;DAn elected or not, in theory, should be based on the crime of kidnapping and robbery crimes, but the judicial interpretation of the provisions shall be given a heavier punishment for felony.

 

59[center] determination and sentencing crime of intentional homicide, rape, unlawful detention crime, crime of false accusation

Answer.ACD

[analysis]AAn elected, passive euthanasia, does not constitute a crime;BNot elected, part performance and total responsibility, even if Yi Wei implementation of gang rape behavior, also be aggravating circumstance for gang rape;CAn elected, the criminal law article300Article3"The superstition rape women, rape crime stipulated in the" provisions of the attention, non legal fiction, still ask the violation of women's will;DAn elected, the criminal law article243The provisions of the crime of false accusation, the object: neither is his (her against his, do not set up this crime), nor is he agree with others (you agree someone against his, others do not set up this crime).

 

60[C] between embezzlement and theft

Answer.ABC

[analysis]AAn elected, only occupies a helper, not "custody", constitute the crime of theft;BAn elected, the behavior person to forget things in fact error conditions, are identified as the crime of embezzlement;CAn elected, passengers had just got out of the taxi, a short time on the car did not lose possession of lost property, C constitute the crime of theft;DNot elected, Liu Ding's bank card for cash by deposit, the actual D entrusted with the management of cash, whether Ding since the bank counter or ATM extraction of Liu's cash take forcible possession of, only set up the crime of embezzlement.

 

61[C] one crime and several crimes of robbery

Answer.ABC

[analysis]AAn elected, judicial interpretation of the provisions, in the abduction process was robbing the victim property, one felony crime, but in the process of robbery, and ransom, no corresponding judicial interpretation, the act in accordance with the robbery and kidnapping crime, should be combined punishment for several crimes.BAn election, violence B and take money (Qian Jia) is continuous, not another evaluation, constitute the crime of robbery crime, the cumulative amount of.CA B C and elected, rape and rape, which constitute the crime of rape; drop in propylene wallet, B picked up into the capsule, ABC was informed, C is not or dare not revolt position, and constitute the crime of robbery, not theft; a and B constitute rape crime and robbery crime should be punished.DNot elected, by obtaining property and violence, no causal relationship, which belongs to the attempted robbery, C occupies passers-by wallet belongs to the crime of embezzlement, should be punished.

 

62[D] crime subject, cognizance, distinguish, promise of victim

Answer.BCD

[analysis]ANot elected, helping to destroy, crime of fabricating evidence in the litigation process, only the three crimes in the criminal procedure.BA criminal suspect, the defendant was elected, to destroy or forge evidence, belong to does not have the anticipated possibility behavior, does not constitute the crime of fabricating evidence, to help destroy; but in the common crime, criminal suspects or defendants other accomplices to destroy or forge evidence, belongs to the possibility of expectation behavior, which help destroy, crime of fabricating evidence.CAn elected, to help destroy or falsify evidence, crimes against the legal interests of the main judicial fair and order, the criminal suspect's commitment is invalid.DAn elected, victims constitute perjury, the subject of perjury expanding interpretation including the victim, if it occurs before the criminal proceedings begin, constitute the crime of false accusation.

 

63[that] centers of influence using bribery

Answer.ABC

[analysis]ABCAn elected, constitute bribery crime by the influence, theBIn B using the influence of bribery should be distinguished and mediate bribery, bribery accomplice;DNot elected, post factum bribery must have agreed otherwise innocent.