Model test precision problem class -- criminal law the answer to the eighty question Zuo Ning

Answer: 1, C : an analysis of the origin of the Criminal Procedure Law refers to the criminal procedure law appeared, displayed a place, rather than the first place. A error; origin of the criminal procedure law does not belong to a court appointed internal rules, the origin of the criminal procedure law only includes: the constitution, criminal procedure law, the relevant legal provisions, the relevant judicial solution release, local laws and regulations, international convention, treaty of. B error; "provisions of the basic principles on the role of the prosecutor" is definitely on the powers of the public procurators, duties, and these content is also an important content in the criminal procedure law, so the C is correct; in principle, the origin of judicial interpretation does not belong to the law, the legislative interpretation of law origin. But in the criminal procedure law is special, the judicial interpretation of criminal law origin. The D error.

Answer: 2, AC : Criminal Procedure Law is conducive to ensuring the exercise of criminal law, the criminal law has the tool value, A error, B right; criminal procedure law has its own independent value, procedure justice. C error; criminal law and criminal procedure law are the pursuit of the punishment of crime and protection of human rights of criminal law, is more focused on the punishment of crime, criminal law focuses more on the protection of human rights. D correctly.

Answer: 3, A : rule of law refers to the operation condition of legal system, the realization of constitutional government constitution, both are of the same nature, require laws are strict respect, respect and execution, constitutional requirements in accordance with the law and rule, the rule of law requires compliance with. A correctly. Method are made, but in the NPC's legislative program, is the embodiment of the will of the majority. And the man is the embodiment of the very few people will. B error; legal system is static, refers to the legal system and the legal system. The rule of law is dynamic, it requires the people abide by the law, strictly enforcing the law, respect the law. C error error; human rights and the Constitution in the criminal procedure law of human rights spirit, are all people, everybody. But content is different, the constitution refers to all people and all, but in the criminal procedure law must have lawsuit identity, such as criminal suspects, victims, witnesses and so on. While in theory all possible suspects, the victim or witness. D error.

Answer: 4, A analysis: the main stage of the proceedings of basic principles of criminal procedure law must be able to carry out the law of criminal procedure, A is accurate; the debate principle is an important principle in the trial only, rather than the basic principles of criminal procedure law, the B error; evidence referee principle and the principle of free proof is the basic principle of the law of evidence instead of the basic principles of criminal procedure law, the C error; seek truth from facts, Mistakes must be corrected whenever discovered is the criminal activities of the guiding ideology and policy, not the basic principles of criminal procedure law, the D error.

Answer: 5, A : the public security organs in addition to not decided to arrest, on other compulsory measures can determine and implement, A correctly; procuratorial organs may not be not to prosecute the way so as not to prosecute, convict impunity, it means not being accused is innocent, B error; the court can not determine the search because the search is, investigation measures, C error; therefore, D error.

Answer: ABCD, 6

Analysis: the procuratorial organs of the field of activity across the investigation, prosecution, trial and execution of each stage of the proceedings, the A error; judicial independence as long as refers to the independence of the judiciary, not including the public security organs, B error; the people's court shall have the obligation to protect the defendant to obtain any right of defense, C error; without the approval of the people's court according to law judgment, of any person shall be found guilty. The principle of the presumption of innocence spirit. The prohibition of double jeopardy is trial supervision procedure should reflect the spirit, D error.

Answer: 7, ABCD : identification of human is special investigative organs of civil servants, but hold a neutral stance, belonging to other v. litigation participants. The clerk to full-time staff prosecutors or courts, does not belong to the participants in the proceedings. A error; the parties and other participants in the proceedings on the basis of the classification is the outcome of the trial is of direct interest, B error; the legal agent, agent ad litem and defenders are the other participants in the proceedings, witnesses and identification of C error; people can only be a natural person, D error.

Answer: 8, A : to disrupt the election belonged to the jurisdiction of the public security organs, only the State functionary carry destruction election only case procuratorial organs jurisdiction, A correctly; retaliation framed by procuratorial organs placed on file for investigation, and the frame belongs to the public security organs jurisdiction of the case, the B error; procuratorial organs and public security organs the cases occurred cross, should do all, who handle the main crime, another organ shall provide cooperation, not the right of investigation, C error; a case of private prosecution by the court of jurisdiction is correct, but can not say that the jurisdiction of the court is a case of private prosecution, because the court can also lawsuits of public prosecution. D error.

Answer: 9, BCD : second kind of private prosecution in a situation, the five chapter fourth is the criminal provisions of the crime, and may be sentenced to three years in prison cases, A correctly; corruption, drug trafficking case or violated the clean type, position of damage the interests of the state, or prejudice the management of social order, generally no specific victim, not belongs to the second type of private prosecution case, BC error; abuse belong to the first class in a case of private prosecution, but cause the victim serious injury, is a case of public prosecution. D error.

Answer: 10, B : because of injuries to the court which belongs to the second kind of private prosecution, the court shall accept the case, A error; if the court thinks the private prosecutor insufficient evidence, can be accepted by the public security organ, it shall inform the prosecutor to the public security organ case or to transfer the case to the public security organ, the correct B; C belongs to the prosecution private prosecution, the court is the premise of the investigation organ for the report, complaint or report will not be accepted. C error; the prosecutor can only submit the book complaint, not verbally prosecution, D error.

Answer: 11, AB : court jurisdiction: Cases of crimes of endangering national security; terrorism; may be imprisonment and death penalty cases. Who belongs to the crime of endangering national security cases, A correctly; criminal suspects, defendants escape, death property confiscated program belongs to the special procedures, in accordance with the law by the intermediate people's court ruling, B C is correct; shehei cases, not correct; D divulges State secrets, which may endanger national security, could also not that does not belong to the intermediate people's court, shall be under the jurisdiction of the error, D.

Answer: 12, ABCD : regulations should be governed by railway transport court, and not only is the intermediate people's court,

A error; occurs in areas outside the people's Republic of China Chinese crimes within the jurisdiction of ship, the ship first stop Bo port where the court. If only occurred in the Chinese ship crime, mainly by the crime to the jurisdiction of the court, B error; for the provisions of international treaties to which China participates in the crime, in our treaty obligations within the scope of the criminal jurisdiction, the defendant was captured by the jurisdiction of the people's court. Because be defendant may be in a foreign country, may also at home, so the answer is captured. C error; China has clear regulation on the jurisdiction of the intermediate people's Court of crimes, international treaties dealing with crime is not absolutely by the intermediate court jurisdiction, D error.

Answer: 13, B : a crime belongs to the leakage, leakage crime, the ground (B), a prison term (C), crime (D) has jurisdiction, therefore, can only choose B.

Answer: 14, ACD : avoid except for investigators, prosecutors and judges, also apply to participate in investigation, prosecution, trial records, clerks, interpreters, expert. A error detection; "rules" provisions of article thirty-third, the judicial police for avoidance, but the criminal procedure law and interpretation "high" is not stated in the court's judicial police evaded, B correctly; investigators met the victim is normal, as long as not in violation of the provisions will see, will not be able to avoid the reason, C error; according to the "rules" high 30, participated in the investigation and case check investigation personnel, shall not undertake the review of arrest, prosecution and litigation supervision. D error.

Answer: 15, D : to apply for withdrawal of people: the parties, legal agent or defender, agent ad litem. A father is a Zhang's relatives, only in the Zhang of minors is the statutory agent. Close relatives have no right to apply for withdrawal, A error; lawyer can apply for withdrawal, request reconsideration, B error; investigators Liu to the court, the judges not only can serve as the case, can not be said to bear any case cannot judge duty. C error; apply for withdrawal to the following reasons, the legislation does not stipulate must submit proof material: 1, is a party to the case or a near relative of the party; 2, I am interested in or close relatives, he and the case; 3, served as the case of the witnesses, authenticators, counsel, procedural generation management; 4, in the case of the defenders and agents ad litem, near relatives; 5, in the case of a lawsuit stage work, and participate in the work of the subsequent stage of the proceedings the same case. Therefore, the correct D .

Answer: 16, C : a defender shall co and related crimes more than two criminal suspects, defendants pleaded, in A , B and C can be the accomplices, also may be associated with crime, so the error in the probation period; test shall not serve as defenders, B error; Judicial Bureau civil servant can become the defenders, courts, police seized in-service personnel, public security, national security and the prison can not serve as defenders, C correctly; the people's jury shall not serve as defenders, unless the defendant's guardians, relatives, commissioned by the defendant, the court may order to permit. However, my cousin is not close relatives, D error.

Answer: 17, ABCD : the judges and the people's court other personnel from a people's court within 2 years after leaving his post, not by law teacher identity as a defender. The judges and the people's court other personnel from a people's court after leaving, don't have served as the court hearing the case of the defenders, except as a defendant's guardian, near relatives defense. The judges and the people's court other staff of the spouse, children or parents shall not bear

The court hearing the case of the defenders, except as a defendant's guardian, close relatives of defense. A, B error. In B, the law is not "left" expression, Zhang's son can be in after the departure of Zhang served as counsel in its original position on the court, but not the limitation of 2 years; the defense human responsibility is defense, not accused of obligation, but the defender, the lawyer is independent litigation status, do not need to listen to the suspect, the defendant's claim, C error; in the stage of investigation can only be lawyers counsel can intervene, other defenders, only in the prosecution after interventional procedure. from the options can be seen in the investigation stage, detention is compulsory measures, Sun Mou has no right to intervene, D.

Answer: 18, ACD : when Hou the investigation organ to take coercive measures of criminal suspects in the interrogation of a criminal suspect or the first time, it shall inform the criminal suspect has the right to entrust defenders. Search is a mandatory measures and non coercive measures, A error; the defenders by criminal suspect, defendant after commissioning, it shall promptly inform the court. B is correct; in accordance with the relevant provisions of the new criminal procedure law, the designated defense has been replaced by legal aid in the defense system, C error; it should be legal aid cases, not to be heard in no lawyer's help , D error.

Answer: 19, D : economic difficulties, justice will not intervene, himself and his close relatives may apply to legal aid institutions. A error; the following circumstances, can provide legal aid: 1, in a case of joint crime, the other defendants have to entrust defenders. 2, there are significant social impact cases. 3, case protested by a people's procuratorate. 4, the defendant may not constitute a crime. Note "shall not". B error, D correctly "; according to section 11 of the Legal Aid Ordinance" article, the criminal prosecution the victim or his legal representative, close relative, private prosecution of private prosecution case, legal agent because of financial difficulties and not to entrust agents ad litem, can apply for legal aid please. C error.

Answer: 20, AC : to verify evidence and marking can only occur after the stage of investigation and prosecution, not to. The BD error.

Answer: 21, A : need to agree to realize gain the investigation organ charges are: 1, the crime of endangering national security; 2, terrorist crime; bribery 3, special major. Therefore, BCD error.

Answer: 22, ABC : "high rule" forty-ninth defense lawyers or other files after material permit counsel to the people's inspection Cha yuan consult, extract, copy the case by case management department, arranged in a timely manner, to provide the materials by the Department of public prosecution . Because of the public prosecution department work and other reasons can not be arranged in a timely manner, should explain to the defendant, and arrange the defenders within three working days since the day marking, the Department of public prosecution shall cooperate.Consult, extract, copy the materials shall be arranged in special places, the people's Procuratorate of. when necessary, the people's Procuratorate may send staff to the scene to assist.The defender copy files material can take a copy, photography and other methods, the people's Procuratorate charged only required fee. The contractor for the case of legal aid lawyer copying the necessary files material costs, the people's Procuratorate shall reduce or exempt according to the specific situation.

In A , only scoring, in the prosecution of A error; in the stage of review and prosecution, the lawyer for reading

Volume, procuratorial organs should permit, and not. B error; according to the law, the procuratorial organs may not need to Schedule B marking, immediately C error; according to the law of the second paragraph of the right, D.

Answer: 23, ACD : "Criminal Procedure Law" article thirty-ninth the defender believes in the investigation, prosecution during the public security organs, people's Procuratorate collected prove the criminal suspect, the defendant not guilty evidence not submitted, shall have the right to apply for access to the people's Procuratorate, the people's court. Therefore, A error;

"High regulation" fifty-second case transferred for examination before prosecution, defense lawyer according to the law of criminal procedure in forty-first the first paragraph apply to the people's Procuratorate collected, taking of evidence, the people's Procuratorate tube cases science department shall timely notify the application materials to the public prosecution department management.The people's Procuratorate deems it necessary to collect, obtain evidence, shall decide to collect, access to and making a record attached; decided not to collect, collect, reasons shall be given in writing.The people's procuratorate according to application collection, investigation and evidence obtainment defense lawyers, lawyers can be present.

B correctly;

The lawyer only to victims, relatives and victim witness investigation is required in advance by the over procuratorial organs or judicial organs permission, C error;

"Explain" high fiftieth lawyer application provides to the victims and their close relatives, the victim witness to collect materials related to the case, the people's court considers necessary, shall issue approval book. Therefore, D error.

Answer: 24, D : the provisions of the new Criminal Procedure Law: can be used to prove the material facts of the case is evidence. As long as have the relevant and objectivity is the evidence, without legitimacy. A error; evidence is a kind of material rather than fact, C error; have the expertise to people's opinions do not belong to the category of evidence of any kind, B error; D correctly, such as, a letter of handwritten letter, can be used as evidence, but also can be used as evidence.

Answer: 25, BD : direct evidence does not distinguish between true and false, as long as they can prove that the process can be correctly, A; Dr. Wei Chen the testimony of witness, as long as to prove the facts of the case is a witness, do not have to witness, but did not witness, evidence is not high. B error sources; Dr. Wei statement is the victim stated, hearsay, C correctly; Dr. Wei statement should be verified before as the verdict according to the. D error.

Answer: 26, D : A is indirect evidence, evidence passed, error; B is indirect evidence, the original evidence, error; C is indirect evidence, the original evidence, error; D is the direct evidence, hearsay evidence, right. Note, came the evidence includes physical evidence and testimony second-hand, but anecdotal evidence refers to the evidence of secondary.

Answer: 27, BCD : in the case of public prosecution, the burden of proof of the defendant guilty only borne by the public prosecutor, defendant does not bear the burden of proof in any case, the burden of proof is a kind of defense right rather than obligation. A is correct, B error; the proof of his called does not bear any burden of proof of the parties, also need not assume, CD error.

Answer: ABCD, 28

Analysis: justice uphold the objective obligation, should be objective evidence collected, A error; the administrative evidence into criminal evidence need not apply, B error; the administrative evidence into criminal evidence refers to the identification of physical evidence and testimony of opinions, to other oral evidence cannot be transformed, organ otherwise only by the investigation. C error; only the conviction and no other evidence, not; if words evidence comprehensively and really, well, conviction, D error.

Answer: 29, ABCD : our country criminal standard of proof is indeed, sufficient evidence. With words, requirements (a) conviction and sentencing. real evidence; (two) according to the verdict evidence are verified by the statutory procedures; (three) comprehensive case evidence, the facts have been beyond reasonable doubt. A error; to prove the conviction and sentencing facts need, without the need for all of the case is fact must have evidence, B error; according to the "high" 64 law interpretation, the accused, convicted crime evidence, evidence is needed to achieve full standard, without sin, light evidence does not need to reach the standard of proof so high. C error; our court free heart certificate, discretion rights, D error.

30, the answer: AB analysis: according to the "rules" high fifty-fifth, the procuratorial organ not only have the right to exclude illegal evidence, and the right to dispose of illegal evidence collection behavior, A correctly; the stage of the proceedings the exclusion of illegal evidence investigation, prosecution and trial stages of the review, review of arrest stage belongs to the stage of investigation, of course, to the exclusion of illegal evidence, B correctly; according to the "high law" Article 100, judges can be investigated after the parties to apply, can also be used in the court investigation before the end, in conjunction with the C error; judges the exclusion of illegal evidence, not be ruled in the judgment, D error.

Answer: 31, BCD analysis:

Affected with a serious disease, the life cannot provide for oneself, pregnant or breast-feeding her baby, take bail without danger to the society, can be released, A correctly;

By the criminal suspect, defendant bail shall abide by the following provisions: (1) without the approval of the organ executing shall not leave the living city, county ; (2) address, work units and contact information changes, in twenty-four hours to inward executive organ;

(3) in communication time custody; (4) not to interfere in any form of witness; (5) shall not destroy or falsify evidence, or.

B error, not the decision-making organ, and shall be the executing organ;

The people's court, the people's procuratorates and the public security organ may according to the circumstances of the case, has been ordered to bail provisions of criminal suspects and defendants, observe the following one or more: (1) shall not be allowed to enter the specific place; (2) with no specific staff meeting or communication;

(3) not to engage in specific activities; (4) the passport and other travel documents, driving license to the executing organ.

The passport is not visible, must be handed in by public security organs, but the concrete analysis of concrete problems. C error. residential surveillance shall be in place of criminal suspects, defendants.

No fixed residence, can be specified in the residence of execution. For the alleged crimes of endangering national security, terrorist activities, terrorist crime of particularly great bribery crime, in the shelter implementation may hinder the investigation, approved by a higher people's procuratorate or a public security organ, also can be in the designated residence execution. But, not in the place of custody, special case handling place execution. Visible, no corruption, D error.

Answer: 32, D analysis:

Investigation and supervision department for examination of a case can arrest, interrogation of a criminal suspect; in any of the following circumstances, shall interrogate the criminal suspect: (1 conditions) for compliance with the arrest of doubt; (2) the suspect to prosecutors to statements; (3) the investigation activities may have a serious illegal act; (4) the major problems of complex complex; (5) the suspect is the minor; (6) the suspect is blind, deaf, dumb or not completely lose the spirit of patients' ability to recognize or control his own conduct.

The people's Procuratorate for examination and approval of arrest, may question the witnesses and other participants in the proceedings, to listen to the counsel of opinions; lawyer requested shall listen to the opinions, defense lawyer.

Therefore, the A error, should be heard, lawyers request should be heard. B error, presents torture means possible clue investigation major illegal behavior, should.

Coercive measures to notify the family of the three: the specified home residential surveillance, detention, arrest. The in designated residence residential surveillance and arrest, all except can not notice, shall within twenty-four hours to , inform the suspect, the defendant's family. But for the detention, in addition to not notice or suspected of crimes of endangering national security, terrorist activity crime notification would hinder the investigation situation may. C error;

Including the arrest conditions: 1, for there is evidence to prove the facts of the crime, may be sentenced penalty above the suspect, the defendant, to take bail pending trial is not enough to prevent the occurrence of danger to society, should be arrested. 2, on the evidence of the facts of the crime, may be sentenced to more than ten years of punishment, should be arrested. 3, there is evidence to prove the facts of the crime, may be sentenced penalty above, once an intentional crime or unidentified, should be arrested. 4, was released on bail pending trial, the criminal suspect, defendant under residential surveillance violates bail, residential surveillance shall, if the circumstances are serious, can be arrested. Therefore, D belongs to the third kind of situations, the correct.

Answer: 33, BC : over not compulsory measures, only applies to active criminals and fugitives. Therefore, A error, BC right, D error.

Answer: 34, A : summon, detention, arrest must have a certificate, search in principle should have the certificate, but in the implementation of the detention and arrest, if in case of emergency, can advance the search without warranty. A correctly.

Answer: 35, ACD : the guarantor must meet the following conditions: (1) is not involved in this case; (2) the ability to perform warranty obligations; (3) political rights, not subjected to restriction of personal freedom; (4) have a fixed residence and.

Visible, no B.

Answer: 36, ABCD analysis:

Residential surveillance shall be carried out in the criminal suspect, the defendant's residence. No fixed residence, in designated residence execution. For the alleged crimes against national security, terrorist crimes, particularly great bribery crime , residence in the execution may hinder the investigation, the approval of the people's Procuratorate at the next higher level or the public security organ, also can be in the designated residence. But, not in the place of custody, special case handling place execution. Because of this, do not contain the gangland related crime, Lee is not in the designated residence in prison, A error; in B , in addition to special major bribery and execution would hinder the investigation in place, also need to be approved by a procuratorial organ can be specified. In the home, B error; in C , espionage no problem, but the need to perform impede the investigation and the need for a public security organ in the place (Security) approval to specify in home monitoring. C error;

The specified period residence residential surveillance shall be offset. Be sentenced to control, monitor, the time of residential fold a day; sentenced to criminal detention, fixed-term, residential surveillance for two days to be shortened by one day. Visible, only the designated home residential surveillance will to be shortened, D error.

Answer: 37, AC : "Criminal Procedure Law" article seventy-ninth there is evidence to prove the facts of the crime, may be sentenced penalty above make crime suspect, the defendant, to take bail pending trial is not enough to prevent the danger to the society, should be arrested:(a) may implement the new crime;(two) the real danger endanger national security, public security or public order;(three) may destroy or forge evidence, witnesses or collusion of interference;(four) the victim, informants, may take revenge the complainant implementation;(five) in an attempt to Dutch act or escape.To have evidence to prove the facts of the crime, may be sentenced to more than ten years of punishment, or a certificate according to prove the facts of the crime, may be sentenced penalty above, once an intentional crime or unidentified, should be arrested.

A guarantor pending trial, the criminal suspect, defendant under residential surveillance violates bail, residential surveillance regulations, if the circumstances are serious, can be arrested.

Visible, A is correct; in B , should not, but you can arrest, B error;

Investigation and supervision department for examination of a case can arrest, interrogation of a criminal suspect; in any of the following circumstances, shall interrogate the criminal suspect: (1 conditions) for compliance with the arrest of doubt; (2) the suspect to prosecutors to statements; (3) the investigation activities may have a serious illegal act; (4) the major problems of complex complex; (5) the suspect is the minor; (6) the suspect is blind, deaf, dumb or not completely lose the spirit of patients' ability to recognize or control his own conduct.

Visible, C ;

The public security organ decides to approve the arrest of a people's Procuratorate not, think is wrong, can ask reconsideration, but must immediately release the detainee. And not to the review results in the release, D error.

Answer: 38, ABCD : "the ninety-ninth law of criminal procedure" has suffered material losses as a result of the defendant's criminal act

And, in the process of criminal proceedings, shall have the right to file an incidental civil action. The victim's death or loss of behavior can force, his legal representatives, near relatives shall have the right to file an incidental civil action.If the state property, collective property losses, the people's Procuratorate, may file an incidental civil action.

In A , the victim has no death or incapacity, his brother not to file an incidental civil action, A error;

"Explain" high 148th investigation, prosecution, have the right to file an incidental civil action people claim for compensation, mediation by the people's Procuratorate, public security organ, the parties have reached an agreement and full performance, the victim or his legal representative, close relative and file an incidental civil action, the people's court shall not accept the case, but there is evidence to prove that the mediation violates the voluntary, other than legal principles. In B, must be in agreement also is executed, the B error.

"Explain" high 147th incidental civil action shall be filed in the criminal cases timely filed.

Incidental civil litigation shall submit the supplementary civil indictment. C error;

"Higher law interpretation" 141st people's courts handle criminal cases, the criminal litigation law and the ninety-ninth to explain the 138th prescribed in the first paragraph, can inform the victims or their legal representatives, near relatives shall have the right to file an incidental civil action.

Have the right to file an incidental civil lawsuit people give up litigation rights, it shall be allowed, and record. In D , the court without review voluntary, D error.

Answer: 39, C : "high law" 139th the accused of illegal possession, dispose of the property, shall be recovered or order. The victim to file an incidental civil action, the people's court shall not accept the. Recovered, restitution, can be considered as the plot. A error;

"Criminal Procedure Law" article 101st the people's court shall incidental civil lawsuit, can carry out mediation, or according to the material loss situation judgment, ruling. B error;

"Explain" the 160th high court prosecution case the defendant's conduct did not constitute the crime of , has filed a supplementary civil action, reach an agreement after mediation can not, shall make criminal incidental civil judgment.

The people's court, the people's Procuratorate of public prosecution to withdraw the prosecution, to have an incidental civil action litigation, mediation may be conducted; not mediation or the mediation can not reach an agreement, it shall reject it, and inform the plaintiff in incidental civil people can be lift up the civil.

Therefore, the C right, D error.

Answer: 40, ABCD : during the criminal procedure calculation unit is the sun and moon, not years, A error;

In criminal procedure, a month is not equal to 30 days, but half a month is 15 days, B error;

The time limit must be due to force majeure or other legitimate reasons, have the right to apply for restoration of the delay period, C error;

For a soldier or a criminal shall be used to mode of delivery, delivery, D error.

Answer: 41, AD : report, Sue, report and so can be used either orally or in written form, the A error;

For the report, complaint, report, public security organs shall accept all right, B;

"Criminal Procedure Law" article 110th people's court, people's Procuratorate or public security organ, report, report and accuse surrender material, should be in accordance with the scope of jurisdiction, promptly examine, think, the fact of crime real criminal responsibility should be placed on file; that no criminal facts, or the facts of the crime was a slightly , when not needed, shall be investigated for criminal responsibility shall not put on record, and shall notify the reasons for not filing the case accusing people. If the accuser disaffected, can apply for reconsideration. C correctly;

But Wang reported a kill, but really there needs to be investigated for criminal responsibility of crime, and case, after also need the public security organs for examination and then set, D error.

Answer: 42, ABCD : preliminary analysis to procurator or procuratorial committee decided, A error;

"High regulation" 172nd investigation shall generally be carried out in secret, and may not contact investigation object to. Public investigation or contact investigation object, shall, with the approval of the chief procurator. "High regulation" 173rd in investigation process, can take the inquiry, inquiry, investigation, inspection, identification, obtaining evidence material does not limit the investigation object of personal, property rights measures. Not allowed to take compulsory measures application on investigation object, shall not be seized, seizure, freezing of preliminary investigation object property, shall not take measures of technical investigation. B error;

"High regulation" 183rd cases directly accepted by the people's Procuratorate for examination, identify as facts of a crime and criminal responsibility, shall make a case report, with the approval of the chief procurator shall be case. In deciding the case within three days from the day of filing, the record registration form, to file a complaint reporting and filing decision letter submitted to the people's Procuratorate on the next higher level for the record. C error;

"High" 563rd rules of a people's Procuratorate or public prosecution department investigation and supervision departments found the investigation department of the case on file for investigation is not submitted to the investigation or to should not be placed on file for investigation of cases on file for investigation, shall be submitted to the proposed investigation department investigation or withdrawal of the case; proposal was not adopted, shall be submitted to the procuratorial long decision. D error.

Answer: 43, CD : in our country, the public security organs in the case, the criminal separation; procuratorate investigation of the case, investigation and litigation right one, A;

The suspect requests to write a personal statement, he shall be permitted to. When necessary, the investigators can also ask the criminal suspect to write a personal statement. B correctly;

A have no right to demand the presence of counsel, C error; a have no claim to audio and video, D error.

Answer: 44, CD : custody in jail, during the interrogation of a criminal suspect, shall be carried out in the interrogation room, A error;

Searches can be undocumented, arrest can't, B error; procuratorial personnel may decide to search and executive search, C correctly;"High regulation" 243rd suspect deposit, remittance, bond, stock, base

Gold share property has been frozen, the people's Procuratorate shall not be frozen again, but shall request the relevant banks or other financial institutions , post and telecommunications departments to deal with the lifting of the freeze or notify the people's procuratorate. D correctly.

Answer: 45, AD analysis:"High" 253rd rules as evidence of expert opinion, people's Procuratorate Department

The door should inform the suspect, the victim; death to the victim or no capacity for action, it should be reported to know its legal representative, close relative or an agent ad litem. A correctly;

The suspect, the victim or his legal representative, close relative, litigation agent to apply may, with the approval of the chief procurator, can complement the identification or re identification, identification of costs borne by the request, but the original identification in violation of legal procedures, the people's procuratorates shall bear. B error;

The people's Procuratorate in the case, major crime to infringe citizen's embezzlement, bribery crime and the use of power 's personal rights, according to the need for crime investigation, through strict approval procedures, can adopt the measures of technical investigation, in accordance with the relevant authorities. visible, only said the major, not difficult, complex, C error; D.

Answer: 46, B : the people's Procuratorate in the case, the major crime of embezzlement, bribery and used his powers to infringe citizen's real application of personal rights, according to the need for crime investigation, through strict approval procedures, can take the technical investigation measures, in accordance with the relevant authorities. A error;

The public security organs in the case, for the crime of endangering national security, terrorist crimes, underworld of organized crime, drug crime major or other serious harm to society of criminal cases, according to the need for crime investigation, through strict approval procedures, can adopt the measures of technical investigation. Lee butt driving has important constitute the crime of endangering public safety, should belong to other serious harm to society of criminal cases, and Li Mou is in a normal mental crime, should bear criminal responsibility, can detect take technical means, B;

Hunt was wanted, or approval and decided to arrest the escaped criminal suspects, defendants, after approval, the technical investigation may take necessary hunt. Armour was not wanted, it has not been decided to arrest, not suitable for technical investigation measures, C error;

Adopt the measures of technical investigation to collect materials used as evidence, approved the law legal documents to take measures of technical investigation shall be attached, the defense lawyer may lawfully consult, extract, copy, can produce to the court in the trial process. D error.

Answer: 47, ABCD : wanted conditions: (1) should be arrested; (2) if the fugitive. A error;

"Criminal Procedure Law" article eighty-eighth people's Procuratorate for the public security organ for approval of arrest cases for review, shall according to the circumstances to approve or disapprove the arrest decision. For approval arrest decision, the public security organ shall be executed immediately, and the implementation of timely notify the people's procuratorate. for non approval of arrest, the people's Procuratorate shall explain the reason, requires supplementary investigation, shall also notify the public security. B error.

Supplementary investigation stage of review arrested, not what the term for re calculation, C error detection; "rules" 301st directly accepted by the people's procuratorates the case on file for investigation, the suspect took no bail, residential surveillance, detention or arrest measures, the investigation department shall in the vertical

Within two years after the case transferred for examination before prosecution, not to initiate a prosecution or to withdraw the case transferred for examination opinion; to the crime suspect to bail, residential surveillance, detention or arrest measures, the investigation department shall revoke the compulsory measures in lifting or person within one year after the opinions of the transferred for examination before prosecution, not to initiate a prosecution to review or to withdraw the case. Visible, for "the investigation department shall revoke the compulsory measures rescission or within one year after the transferred for examination before prosecution, not to initiate a prosecution or to withdraw the case transferred for examination opinions" situation, investigation period is likely to be more than two years. D error.

Answer: ABCD, 48

Analysis: "Criminal Procedure Law"

"High" 566th rules of a people's Procuratorate found illegal behavior investigation of public security organs, for if the circumstances are relatively minor, the procuratorial personnel verbally to the investigators or the public security organ negative responsible person and put forward rectification opinions, and report to the departments responsible person immediately; when necessary, by the departments in charge of put forward. illegal for serious circumstances, shall be submitted to the approval of the chief procurator authorities issued, to the public security to correct the violation notice. Constitute a crime, shall be investigated for criminal responsibility according to the relevant department. C error; "Criminal Procedure Law" before the end of 159th in case investigation, lawyers request, investigation organ shall listen to the counsel's opinion, and record. Defense lawyers put forward written opinions, shall be attached. D error.

Answer: 49, C : analysis of modern public prosecution is mainly divided into two types:

One is the criminal prosecution monopolism, that is criminal prosecution by the state monopoly, exclusion of private prosecution;

Two is the criminal public prosecution and private prosecution, which is more serious crimes prosecution by the prosecution on behalf of the state , a few minor cases allow civil prosecution.

To meet the conditions for prosecution of criminal public prosecution case have to sue to the court, there are two principles:

One is the doctrine of legal prosecution or prosecute legal doctrine, as long as the defendant's conduct in conformity with the statutory prosecution conditions, the prosecution does not enjoy the right of discretion, must be prosecuted, regardless of the specific circumstances;

Two is the doctrine of prosecuting discretion or prosecution of rationalism, namely, the defendant's conduct with the prosecution condition, prosecution by the prosecutor, the defendant and the specific conditions and the criminal policy factors discretion. modern criminal procedure generally emphasized the doctrine of legal prosecution and prosecution of two coexisting, complementary actions.

Our country. The public prosecution and private prosecution; the doctrine of legal prosecution, prosecution supplement. Therefore, AB error;

The criminal procedure law for the longest time limit for examination and prosecution for a month and a half, examines the rules from one month to one and a half months need the approval of the chief procurator, C correctly;

"Criminal Procedure Law" article 169th paragraph second of the people's Procuratorate for examination and prosecution, change the tube jurisdiction, review the calculation cases received date from the people's Procuratorate prosecution deadline after the change. Therefore, D error.

Answer: 50, BCD : the public security organs on the lower level is the relationship between leading and being led, at a higher level may cases will be assigned to lower level investigation, A correctly;

"Six authority" 23 superior public security organs of public security organs at lower levels specified in the case on file for investigation, need to arrests, the public security organ for approval by the investigation of the case at the same level people's Procuratorate for examination and prosecution; to be , police investigating the case by close to the people's Procuratorate for examination and prosecution.The people's Procuratorate for examination and prosecution of the case, in accordance with the provisions of the jurisdiction of the criminal procedure law, that shall be made by the superior people's Procuratorate at the same level or other people's Procuratorate prosecution, it shall transfer the case to the jurisdiction of the people people's procuratorate. The people's Procuratorate deems it necessary in accordance with the provisions of the criminal procedure law designated jurisdiction, shall assist the people's court for the designation of jurisdiction related matters.

Visible, no requirement of inferior public security to litigation documents and report to the superior public security organs for the record, the root B error

Article 166th

The people's Procuratorate has concluded its investigation of a case, it shall make a decision to initiate

The public prosecution, not to initiate a prosecution or to withdraw the case decision. A

Error;

Not more than two times refers to every stage of the proceedings, arrest, prosecution and trial stages in review,

Each stage can have two supplementary investigation, B

Error

According to the provisions of paragraph 1, C error; "high" 361st rules for major, difficult and complex cases, the people's Procuratorate

Deems it necessary, may send personnel to timely intervention investigation, put forward opinions on the collection of evidence, the applicable law, investigation supervision activities. Therefore, D error.

Answer: 51, ACD : "Criminal Procedure Law" article fifty-fifth the people's Procuratorate received a report, complaint, report or find the officers to collect evidence by illegal methods, shall conduct investigation and verification. To do to illegal methods to collect evidence situation, should put forward rectification opinions; constitutes a crime, shall be investigated for criminal responsibility according to law. The A is correct, B error, constitute a crime shall be investigated for criminal responsibility only;

"High regulation" 379th people's procuratorate departments in the review found that investigators to illegal methods to collect the suspect's confession, statement of the victim, witness testimony and other evidence materials shall be in accordance with the law, exclusion of illegal evidence and put forward rectification opinions, may also require the investigation organ shall appoint investigators to investigate and collect evidence, when necessary, the people's Procuratorate also to investigate the evidence. C correctly;

"High" 385th rules for examination and prosecution change during the cases under the jurisdiction of the people's Procuratorate, change after 171st criminal procedure law in accordance with the provisions of the second paragraph of the public security organ of the people's Procuratorate the case, can pass primary cases returned to the original investigation of the supplementary investigation, or conduct the investigation itself. Change before and after the number of supplementary investigation jurisdiction returned a total of not more than two times. D correctly.

Answer: 52, ABCD : "high rule" 392nd people's Procuratorate investigation that belongs to directly file investigation cases, on the stage of review and prosecution that does not belong to the people's Procuratorate jurisdiction, the case facts are clear, evidence really fully , meet the prosecution condition, can be sued directly; facts unclear, insufficient evidence, shall timely transfer deal with jurisdictional authorities. The A error;

"High" 399th rules of the people's Procuratorate public prosecution, sentencing recommendations can be presented to the people's court . Except for a mitigated punishment or be exempted from punishment, sentencing suggestion should be proposed in the method of quantitative punishment scope. Suggestions and sentenced to criminal detention, control, have a certain range, can, can also put forward specific proposals. The B error;

This situation can only be ordered to terminate the trial, the criminal procedural law in fifteenth, only the circumstances are obviously behavior and criminal suspects and defendants, death can be acquitted, the case can only be ordered to terminate the trial. C error;

Premise of non prosecution with doubts or insufficient evidence not to prosecute is must after supplementary investigation, otherwise can not make the lack of evidence the decision not to initiate a prosecution, D error.

Answer: 53, D : involving state secrets should not be heard in public, but not the client that is a state secret is the state secrets, also need to review, A error;

Not a public hearing, the reason shall be announced in court, B error;

Substantial direct principle is the best evidence rule, refers to any evidence shall produce the original object, the original for litigation parties review, evidence in court. C error;

In court investigation stage, not only to the burden of proof, but also for the cross examination debate exists, the course of testimony, D correctly.

Answer: ACD, 54

Analysis: the death penalty cases should be reported to the Supreme People's Court of second instance court approved, not final; commutation belongs to the executive order, the ruling could not appeal, appeal, does not meet the second trial final judgment; below the legally prescribed punishment sentencing after the approval of the Supreme People's court, do not meet the second trial final judgment; therefore, ACD error. The court case against the illegal income confiscated criminal suspect death ruling, allowing appeals, comply with the requirements of the second instance being the final instance. B correctly.

Answer: 55, C : public prosecution to private prosecution case can not mediation, not the counterclaim, but may apply summary procedure, A error;

In the summary procedure can be tried by a collegial panel, can have a jury, B error; collegial panel has the jury, can one judge, two jurors, C correctly; the provincial high court to review procedure of death penalty, only by the judge panel three. D error.

Answer: 56, D analysis:

"The provisions of the 25 law of criminal procedure 181st six authority": "people's court to initiate public v. review, with clear criminal facts in the indictment, shall decide whether to hold a court hearing sentenced." The people's Procuratorate public prosecution, the people's court shall accept the case. The people's court to bring prosecution review, for the indictment with clear criminal facts and with the materials, evidence, shall decide not to trial, the material is not sufficient grounds without trial. If the lack of the above materials people procuratorate to the material, the people's court may inform the people's Procuratorate of people supplementary materials, a people's Procuratorate shall be delivered within three days from the date the notification is received.

The term review the case by the people's court for prosecution in a people's court trial period. In A , not only have no complaint, but to review the complaint has no clear charges,

A error; according to the provisions of paragraph second, the correct D. "High explanation" the 181st people's court case review of prosecution, shall be

According to the following circumstances: (a) belongs to handle a case, a people's Procuratorate shall be returned, and told the victim

Bring a private prosecution; (two) does not fall under its jurisdiction or the defendant is not registered, shall be returned to the people's Procuratorate; (three) does not conform to article second to eighth of the provisions, the need for supplemental materials

The people's Procuratorate within three days send ; (four) in accordance with the law of criminal procedure 195th provisions of the third declaration that the accused man was not guilty

The people's procuratorate according to new facts, evidence to prosecute, it shall be accepted according to law; (five) according to this interpretation stipulates that the 242nd order granting withdrawal cases, no new

Actually, evidence, re prosecution, shall be returned to the people's Procuratorate; (six) law with criminal procedure fifteenth second to sixth regulations, shall make a ruling

Check the hearing or returned to the people's Procuratorate ; (seven) the defendant real identity is unknown, but the law with criminal procedure article 158th paragraph second

Fix, shall be accepted by the. in public prosecution case whether or not to accept the examination within seven days, should be in the.

According to the "(a)", B error; according to the above "(seven)," C error;

Answer: 57, AC analysis:

"High law interpretation" 183rd cases with one of the following cases, the judges may call

Before the court session : (a) the parties and their counsel, litigation agent for application of the exclusion of illegal evidence; (two) the evidence more material, the major complex; (three) great social impact; (meeting) needs to be called before the court four. A meeting before the court, according to the circumstances of the case, the defendant may be notified to attend.

Before the court session is can not be wrong, A; can notify the defendant, or may not notice, B correctly;

"High law interpretation" 184th meetings before the court, the judges can understand the situation of the parties to the the following questions, listen to the views of:

(a) if there is objection to jurisdiction; (two) whether to apply for the relevant personnel to avoid; (three) examine whether obtain in the investigation, prosecution for public security organs, people's Procuratorate collected during

Not with the case that the defendant not guilty evidence; (four) whether to provide new evidence; (five list) whether the witnesses, authenticators, have specialized knowledge of objection; (six) whether to apply for the exclusion of illegal;

(seven) if the application is not a public hearing; (eight) other problems associated with trials. judicial personnel may question the parties have no objection to the evidence material, object to the evidence

The survey focused on in the trial; without objection, the trial testimony, can simplify. victim or his legal representative, close relative to file an incidental civil action, can. Written records shall be made for the meeting before the court.

Visible, the substantive investigation, pre-trial conference without evidence of C error; Institute of the people, can mediate, D correctly.

Answer: 58, ABCD analysis:

"Criminal Procedure Law" the 187th mental patients, a drunken man, without the approval of the people's court has not adults and should not be spectators may sit in on case. Therefore, after the court approved the minors can attend, A error;

"Criminal Procedure Law" the 188th victim, litigation agent by summons or notice of default, does not affect the hearing of the court, the people's court may.

The defenders by notice to not appear in court, the defendant agreed upon, the people's court may hold a hearing, unless the defendant shall belongs to provide legal aid cases. Therefore, B error;

"High law interpretation" objection 205th prosecutors, the parties concerned or the defenders and agents ad litem, check human testimony, and the testimony of witnesses have significant effect on the conviction and sentencing, or has any objection to the expert opinion, filed for court to inform the witnesses, expert witnesses in court, the people's court considers necessary, shall notify the witness, expert witness or witnesses; unable to inform, Jian Dingren refused to appear in court, it shall timely inform the. Visible, also need the court considers it necessary, C error.

"Explain" high 206th witnesses have one of the following circumstances, not to testify in court, the people's court may permit the person does not appear in court:

(a) very inconvenient suffering from serious illness or action in the trial period; (two) home away from the place of the court session and the traffic is very inconvenient;

(three) in the short-term foreign unable to return; (four) there are other objective reasons, did not appear in court. has the circumstances as prescribed in the preceding paragraph, can by video. Therefore, D error.

Answer: 59, A analysis:

"Six authority" 29 law of criminal procedure 187th provisions of the third paragraph: "the public prosecutor, when party or the defenders and agents ad litem, the expert opinion has the objection, the people's court that appraiser has to court, the appraiser shall appear in the court. After the people's court shall notify, identification of refusing to testify in court, expert opinion shall not be taken as a basis." According to the above provisions, shall be identified by the people's court shall notify in not testify in court according to the law, expert opinion shall not be taken as a basis. Identification of human due to irresistible or other legitimate reasons unable to appear in court, the people's court may hear the case decided to postpone the hearing according to the situation. Therefore, whether appraiser has no justifiable reason, anyhow should appear not to appear in court, expert opinion shall not be used as a basis. A correctly.

"Criminal Procedure Law" article 192nd paragraph second of the public prosecutor, the defender, agent ad litem and people can have the expertise to apply to the court for notification of the court, put forward the views of expert opinion to identify person.

The premise of people with specific knowledge to both sides to apply, B error; the first 188th "criminal procedural law" the notice of the people's court without justified reasons, the witness

Do not testify in court, the people's court may enforce the court, but the defendant's spouse, parents and children, except. Can, mandatory in C, but not the summons, subpoena is only applicable to the criminal suspect, defendant, C;

"Criminal Procedure Law" article 188th paragraph second witness no justification for refusing to appear in court after or refuse to testify, reprimand him, if the circumstances are serious, shall be approved by the president, detained for ten days following. was the punishment decision on detention disaffected, can apply to a court for the people. During the period of reconsideration does not stop the implementation. Therefore, D error.

Answer: 60, ABCD analysis:

"High" to explain the 213rd witnesses questions should comply with the following rules: (a) ask the content should be related with the facts of the case; (two) not to induce differently; (three) shall not be threatened;

(four) the personality dignity shall not damage the witness.

The provisions of the preceding paragraph applies to the defendant, the victim, civil litigants, identification, have a special knowledge of questioning, questioning. Therefore, A error;

The expert who do not belong to any evidence, would belong to the case materials. BC error;

"Explain" high 217th prosecutors, the parties concerned and the defenders and agents ad litem, Shen please the court notice with specialized knowledge appearing in court, puts forward the suggestion of expert opinion, the reasons shall be explained. Method tribunal deems it necessary, it shall notify the specialized knowledge appearing in court.

Apply specialized knowledge appearing in court, shall not exceed two. There are many kinds of expert opinion, can should increase the number of.

With specialized knowledge appearing in court, the relevant provisions of the applicable appraiser.

Therefore, hire people can appear in court, but only two people, D error.

Answer: 61, ABCD analysis:

"Explain" high 222nd during a court hearing, the parties and their counsel, litigation agent for summon new witnesses, collect new evidence, to apply for re identification or inspection, should when the witness's name, location of the evidence, that intends to demonstrate the facts of the case, asked to identify or the reason. The court considers necessary, shall agree, and announced the postponement of the hearing; do not agree, it shall explain the reasons and continue the trial. Therefore, the A error, also need the court deems it necessary; B error, should be announced the postponement of the hearing.

Public prosecution to private prosecution cases refer to the victim, there is evidence of violations of their personal, property right to the defendant's conduct should be investigated for criminal responsibility in accordance with the law, and there is evidence that had filed a complaint, and the public security organ or the people's Procuratorate non criminal defendants in the case. Therefore, as long as the prosecutor to prove that the public security organ or the people's Procuratorate shall not be subject to the criminal responsibility of the accused person, without the need for not filing the case decision letter must be submitted. C error;

"Explain" high 261st bring a private prosecution shall submit criminal private prosecution; at the same time to file an incidental civil action , shall submit the incidental civil to criminal prosecution. Therefore, only the written, D error.

Answer: 62, D analysis:

"Explain" high 293rd summary procedure applies to the trial of cases, the accused has the defender, shall notify the. Visible, it shall notify the not equal to should appear in court, A error;

"Criminal Procedure Law" under the jurisdiction of 208th grassroots people's court cases, in accordance with the following conditions, may apply summary procedure for trial:(a) the case facts are clear, the evidence sufficient;(two) the accused confess their crimes, the facts of the crime accused no objection;(three) the defendant has no objection to the application of summary procedure.The people's Procuratorate, the people's court apply summary procedure can be recommended.

Need to have no objection to the summary procedure applies to it, B error;

 "Criminal Procedure Law" article 212nd trying a case in which summary procedure, with permission of the judges, the defendant and his counsel may debate with the public prosecutor, the prosecutor and his agents ad litem. C error;

"Explain" high 297th summary procedure applies to the trial of cases, should in general be in court. D correctly.

Answer: 63, ABCD analysis:

A father is the close relatives, no independent right of appeal, A error;

According to the "law" provisions of article 299 high, the appeal by the court of first instance, can also be brought directly to a higher court, B error;

According to the "criminal law" provisions of article 217 shall put forward the second instance, procuratorate anti appeal to a higher people's court, C error;

According to the "criminal law" provisions of article 218 , the victims and their legal representatives shall have the right to request the people 's Procuratorate anti v., close relatives. D error.

64, the answer: ABC analysis: according to the "criminal law" provisions of Article 219, the protest period from judgment of second

The date of. A error; Lee has no right to criminal protest, but the civil part of the appeal, without asking

Protest. B error; County procuratorate if think of Wang's light sentencing, shall be submitted to the city intermediate people's court

V., but the protest shall be submitted to the trial court, then the court City Intermediate People's court. C error;

According to the "law" provisions of article 305 high, the appellant to withdraw his appeal on appeal after the expiration of the period, the court of second instance shall review, is no problem for the fact, law, sentencing, shall make a ruling to allow. But if that is the existence facts unclear, insufficient evidence or innocent convicted, law spirit situation, should not be allowed to. D correctly.

Answer: 65, ABD analysis:

According to the "law" provisions of article 305 high, the defendant sentenced to the immediate execution of death penalty appeal, apply for withdrawal of appeal at the court of second instance court judge after the announcement before, should not be allowed to. A error;

According to the "criminal law" provisions of article 226 , for retrial cases, if there is a new crime fact, also need the people's Procuratorate for supplementary prosecution, the court can increase the defendant punishment. B error;

According to the "law" provisions of article 325 high, the facts are clear, the evidence is, well, but sentenced to punishment is too light, should additional penal apply not applicable, shall not directly increase the punishment, apply additional punishment, nor to the facts unclear, insufficient evidence on the grounds for the people's Court of first instance for retrial. According to the law revision, will, shall enter into force on the second trial order, in accordance with the procedure for trial supervision re trial. C correctly.

According to the "defendant" high interpretation in the second paragraph 317th is immediate implementation of the death penalty no appeal, the other co defendants appealed case, the people's Court of second instance shall open the court session. D error.

Answer: 66, A analysis:

"High interpretation" 317th paragraph third defendants were sentenced to death with a two-year suspension of execution appeal case, does not belong to the first paragraph of the first paragraph, conditional, should also be hearing. A.

"Explain" 318th high on a case of appeal or protest, the people's Court of second instance trial check, that original facts unclear, insufficient evidence, or with 227th criminal law stipulates the violation of legal procedure, need to remand the case for trial, the trial can not. B error.

"Criminal Procedure Law" article 223rd paragraph third of the people's Court of second instance court appeal, appeal case to case, or the place of the trial court. C error, not the defendant is domiciled.

"High law interpretation" 322nd court hearing a case of appeal or protest, in addition to the relevant provisions of article a trial procedures are applicable, shall be performed in accordance with the following provisions:

(a) court investigation stage, the judges read the first judgment, ruling the case on appeal, the appellant or defender first read the petition or statement of the grounds of appeal, appeal cases by the inspector to Xuan read protest; both the appeal and protest case, first by the prosecutor read out the protest then, by the appellant or

'counsel read the petition or statement of the grounds of appeal; visible, D error.

Answer: 67, B analysis:

"High" in the second paragraph of law interpretation in 323rd case, did not appeal, the people's Procuratorate of people nor its decision defendant protest requirements appear in court, he shall be permitted to. People appear in court investigation and debate. A error;

"Explain" high 333rd to second instance cases of private prosecution, it may be necessary to mediation, when thing people can make their own reconciliation. Mediation, conciliation statement shall be made, the judgment of first instance, ruling as automatically revoked; if the parties become reconciled, shall make a decision to withdraw the prosecution, and the withdrawal of the first trial, adjudication. B correctly;

"Interpretation" of article 335th, the high people's Court of second instance may entrust a people's Court of first instance generation for sentencing, and served second trial to judgment, ruling party. The people's Court of first instance shall, in the generation of as sentencing within five days after the sentence transcripts sent to the people's Court of second instance, and served after the timely receipt to the people's Court of second instance.

Commissioned by the sentence, the people's Court of second instance shall directly to the people's Procuratorate at the same level served second judgment, ruling book.

C error, can not be entrusted to the court of first instance to the procuratorial organ litigation documents;

"Criminal Procedure Law" article 232nd the people's Court of second instance accepting a case of appeal or protest, should within two months. For the death penalty cases or incidental civil litigation cases, as well as the 156th under one of the circumstances stipulated by the provincial, autonomous region, or municipality directly under the central government, the higher people's Court of approval or decision, can be extended to two months; due to special circumstances need to extend, be approved by the Supreme People's court.The Supreme People's court appeal, appeal trial period, decided by the Supreme People's court.

The D error.

Answer: 68, D analysis:

"Criminal Procedure Law" the 238th Supreme People's court review of death penalty cases, the Supreme People's court

Check suspension of execution of death penalty cases, the judge shall form a collegial panel to three people. The A error. The first "criminal procedural law" the 236th intermediate people's court sentenced to death penalty cases, the defendant does not appeal people, should the court by a higher people's review, submitted to the Supreme People's court. Senior people

The court did not agree with the death sentence, it may bring the case up or remand the case for retrial.The higher people's court sentenced to death penalty cases of first instance in the defendant does not appeal, and sentenced to death second cases, should be submitted to the approval of the Supreme People's court. Therefore, B error.

"Criminal Procedure Law" the 239th Supreme People's court shall make a review of death penalty cases, approved or not approved the death penalty ruling . For not to approve of the death penalty, the Supreme People's court may remand the case for retrial or reheard. C , revision is wrong judgment;

"Criminal Procedure Law" article 240th the Supreme People's court review of death penalty cases, it shall interrogate the defendant, defense lawyers request shall listen to the opinions, defense lawyer.In the process of death penalty cases, the Supreme People's procuratorate can give advice to the Supreme People's court. The Supreme People's court shall notify the Supreme People's Procuratorate, the death penalty review results. Therefore, the correct D .

Answer: 69, ABC analysis:

"High law" the 350th Supreme People's court review of death penalty cases, shall handle it according to the following situation shape:

(a) the original facts and the applicable law is correct, appropriate sentencing, procedure legal, shall be made for the ;

(two) the identification of a specific facts or refer to legal terms has flaws, but the defendant sentenced to death penalty no inappropriate, can be corrected to approve judgment, ruling;

(three) the original facts unclear, insufficient evidence, shall make a decision of disapproval, and revocation, hair back to the trial;

(four) the conviction and sentencing facts, the emergence of new period influence review evidence, shall order not nuclear quasi, and revocation, remand the case for retrial;

(five) the original finds that the facts are correct, but the law should not be sentenced to death, shall make a decision of disapproval, and cassation, remand;

(six) the violation of legal procedure, which may affect the fair trial, shall make a decision of disapproval, and cassation, remand.

"High" 351st to explain a crime above two sentenced to death for cases, the Supreme People's court checks, that which part of the criminal's death sentence, ruled that the facts are not clear, insufficient evidence, shall be the decision of disapproval, and revocation, remand the case for retrial; that part the crime in the death penalty, ruled that the facts are correct, but the law should not be sentenced to death, can commuted, and sentenced to death on the other should be criminal to approve death penalty.

"Explain" 352nd high of two or more defendants sentenced to death penalty case, the Supreme People's court after review, that part of the defendant's death sentence, ruled that the facts are not clear, the evidence shortage, should the decision of disapproval, and revocation, remand the case for retrial; that which Department divided the defendant's death sentence, ruled that the facts are correct, but the law should not be sentenced to death, can change the sentenced the defendant, and the other person shall be sentenced to death penalty to approve death penalty.

"High explanation" the 353rd Supreme People's court shall not approve the death penalty, according to case, can be sent back to the people's Court of second instance or the people's Court of first instance for retrial.

The people's Court of first instance shall re trial, the trial. The people's Court of second instance retrial, can directly to ascertain the facts, the court; must verify evidence or correct the illegal procedure, shall open a court session.

"High law interpretation" 354th senior people's court in accordance with the procedure for trial after the high people's court approved the death penalty, the Supreme People's court shall not be approved by the Supreme People's court, back to re sentenced, the higher people's court in accordance with the procedure of second instance trial or remand the case for retrial.

"High law" the 355th Supreme People's court shall not approve the death penalty, sent back new trial on the case, the people's court shall form a new collegial panel trial, except for the interpretation of article 350th, fifth paragraph of fourth cases.

According to the above provisions, defective in A ,, can approve, after correcting the mistakes in it; in B, part of the criminal personnel is not clear and the evidence is insufficient, should the case of revocation of the original sentence,, so error; in C , the Supreme People's court can decide according to the circumstances of the case remanded the second instance the court or the court of first instance, the error;

According to the "high" explain the 356th death penalty review period, defense lawyers demanded to anti reflect the opinions, the Supreme People's Court on the collegial panel shall listen to the opinions on the premises, and making a record; lawyer put forward written opinions, shall be attached. D correctly.

Answer: 70, ABCD analysis:

"The 241st law of criminal procedure" and its legal representative, close relative, the students have a legally effective judgment, may appeal to the people's court, or the people's Procuratorate, but can not stop the execution of the order of judgment. Therefore, A error;

"The first people's courts at all levels of the 243rd law of criminal procedure law" has occurred law effective judgment for the court and ruled that, if found in the determination of facts or law is wrong, must be submitted to the judicial committee. B error, because the entry court is the city intermediate people's court rather than the courts at the grassroots level.

"Criminal Procedure Law" article 243rd paragraph fourth case protested by a people's Procuratorate, accepted by a the people's court shall form a collegial panel to hear the facts in the original judgment, unclear or the evidence is insufficient, can direct the people's court at the lower level for retrial. Therefore, C error.

"The supreme law interpretation of" the first paragraph of article 373rd appeal by the people's court review. But the , trial People's court grants permission to withdraw the appeal, the appeal trial of the appeal of the first, the people's Court of first instance review. Therefore, D error.

Answer: 71, BC analysis:

"High explanation" article 371st party or his legal representative, close relatives of students have a legally effective judgment, ruling appeal, the people's court shall review.

The case that a legally effective judgment, ruling infringed upon their legitimate rights and interests, the people's court shall review, .

The complaint may entrust a lawyer for. Therefore, A is correct; "373rd appeal by the people's court to review the processing and interpretation of" higher law. But, No.

The people's Court of second instance ruled to permit the withdrawal of the appeal case, the complainant must appeal to the first trial, can by the people's Court of first instance review.

A higher people's Court of final appeal to the people's court to review the treatment without complaint, can inform the complainant to appeal to the people's court , or directly to the people's court to review the treatment, and inform the complainant; cases difficult, complex, major, can also direct examination.

Without the people's courts and the people's court at a higher level to review the treatment, appeal directly to the people's court at a higher level , the higher people's court may inform the complainant submitted to the people's court at a lower level.

In this case, the court is the court of final appeal, the high court is a court, the Supreme People's court is a superior court, will be one one in visible, BC error, D correctly.

Answer: 72, D analysis:

"Explain" high 382nd to decide in accordance with the procedure for trial supervision to the trial of the case, the people's Procuratorate except outside, the people's court shall make a retrial decision. The original decision, execution of the ruling shall not stop the retrial period, but the defendant may the retrial commuted innocence, or perhaps the retrial mitigation of the original penalty and sentence expires, may decide to terminate the original judgment, the execution of the ruling shall, when necessary, may be on the accused person to bail, residential surveillance measures. Therefore, A error;

"Explain" 385th High Court of retrial, the retrial decision or anti v. book only some parts of the defendants, the other co defendants did not appear in court does not affect the hearing, can

Do not go to trial. Therefore, the B error; "high interpretation" 386th in addition to the people's Procuratorate to protest, retrial shall be

Aggravate the penalty of the defendants. The retrial decision or protest only some parts of the defendants, not may aggravate other co defendants penalty. C error;

"High interpretation" article 383rd in accordance with the procedure for trial supervision to the trial of the case, the people's court shall hear key reasons for complaint, appeal and retrial. When necessary, should be on the original judgment, ruling the facts, evidence and the law that a comprehensive review of. D correctly.

Answer: 73, B : only the retrial protest protest, A error;

"Criminal Procedure Law" article 245th the people's court in accordance with the procedure for trial supervision to the trial of the case, the people's by the court, it shall form a new collegial panel. If it is a case of first instance, procedures should be in accordance with the first instance judgment, judgment, ruling, can appeal, appeal; if the original to cases of second instance court, or superior people be tried cases, procedures should be in accordance with the second instance trial, judgment, ruling, is final judgment.The people's Court of retrial cases, the people's Procuratorate at the same level shall send representatives to attend the court. Therefore, the correct B ;

And make a judgment the court prosecutor's office did not retrial protest right, lower procuratorate did not start the retrial appeal power, so the C error;

"High explain" the first paragraph of article 387th the people's Court of the people's Procuratorate to protest case retrial, the people's Procuratorate before a court shall decide to withdraw the protest, the people's Procuratorate received; to notice not to appear in court, and does not explain the reason, can be ruled according to withdraw the protest, and notify the lawsuit participates in a person. Therefore, in the trial, before the judgment is made to apply for the withdrawal of appeal, not be allowed. D error.

Answer: 74, CD analysis:

Article 253rd of criminal law "criminal" was delivered to the execution of the sentence, the people's court shall line in ten days after the entry into force of the decision within the relevant legal documents to a public security organ, the prison or other executing organ.Sentenced to two year stay of execution, shall be sentenced to life imprisonment, the prison criminals, by the public security organs in accordance with the law to the criminals be sent to prison for execution of the punishment. To be sentenced to criminal punishment, was executed before, the remaining term of his sentence in the following three months, the caretaker for execution. Sentenced to criminal detention, executed by a public security organ.

 For juvenile delinquents shall be the execution of criminal punishments on juvenile delinquents.An executing organ shall take custody of criminal in time, and notify the family members of the criminal.Sentenced to prison, criminal detention, upon completion of execution of the sentence, shall be issued a certificate of release by the executing organ.

"Criminal Procedure Law" article 258th of criminal is sentenced to control, probation, parole or temporarily outside prison execution, shall be subject to community correction, community correction agencies responsible for the implementation of.

Answer: 75, ABCD analysis:

A death sentence may be executed on the execution ground or in a designated place of custody. A error;

Execution by the court of first instance, rather than the intermediate court, B error;

"Explain" 423rd high people's Court of first instance in the execution, shall inform the criminals have the right to meet with their close relatives. The application and provide contact details of the meeting, the people's court shall notify its close relatives . The close relatives for the meeting, the people's court shall permit, and arrange the meeting. C error;

"Executive high law" article 418th the people's Court of first instance after receiving the command, execution, found in any of the following circumstances, the execution shall be suspended, and the request immediately stop the execution report and related materials via the Supreme People's Court: (a) the offender may have other crimes; (two other crimes) common criminal suspects in custody, may affect the criminal sentencing; (three of the other) joint crime criminal is paused or stopped execution, may affect the criminal sentencing; (four) criminal exposes major criminal facts or other major meritorious service, may need to be changed; (five) the criminals;

(six) the judgment, ruling may have the conviction and sentencing of other error. Supreme People's court, upon examination, that may affect the criminal conviction and sentencing, shall order to stop

The death penalty; don't influence, should decide to continue execution. In D , the common crime is suspended or halted executions, must also may influence

Sound criminal sentencing, to pause for a execution, D error.

Answer: 76, ABC : "criminal law" article 254th of the criminal in prison or detention to be sentenced, under any of the following circumstances, can the temporary execution outside prison:(a) have a serious need for medical treatment;(two) pregnant or breast-feeding her baby;(three) the life cannot provide for oneself, for the temporary execution outside prison would not endanger the community.Sentenced to life imprisonment, with the provisions of the second case, can the temporary execution outside prison.

 To apply for medical treatment may be a danger to the society of criminals, or self injury self mutilation of criminals, not insurance medical treatment.The criminal is a serious disease, must be released for medical treatment, the hospital diagnosis and issue the documents designated by the people's government at the provincial level.

Visible, the temporary execution outside prison is applicable not apply, AB error;"The fifth paragraph 254th criminal procedure law" in the delivery of the temporary execution outside prison before the execution, the people's court executed; in the delivery of execution, the temporary execution outside prison book surface opinions presented by prison or detention, approved by the provincial prison administration departments or districts of the city level public security organs. Therefore, C error;

"Criminal Procedure Law" 256th article decided or approved the temporary execution outside prison shall be the temporary execution outside prison decided to sent to the people's procuratorate. The people's Procuratorate believes that the temporary execution outside prison improper, it shall since the date of receipt of the notification within one month written opinions to the decision or approved the temporary execution outside prison machine off, decided or approved by the written opinions of the temporary execution outside prison authorities received the people's Procuratorate, shall immediately re verification of its decision. Therefore, the correct D.

Answer: 77, ABCD : at present only may be sentenced to death penalty free period, and other serious crimes should be video recording,

A error; interrogation, lawyer may be present, B error; interrogate minors, it shall notify the legal agent here, if you can't come, with appropriate adult

Field can also be questioned, C error; minors may apply summary procedure. "Interpretation" has high 290th under any of the following circumstances

A, do not apply summary procedure : (a) if the defendant is blind, deaf, dumb people; (two) the defendant is not yet completely lose the spirit of patients' ability to recognize or control his own conduct; (three) have a significant social impact; (together four) in criminal cases the defendant not part of summary procedure to plead guilty or to apply objection; (five) the defenders pleaded not guilty of ; (six) the defendant pleaded guilty but the review that may not constitute a crime; procedure is not appropriate for the simple (seven). Therefore, D error.

Answer: 78, ABC : "high law" article 467th trial the defendant under the age of eighteen cases, will not open. With the consent of the juvenile defendant or his legal representative, the minor defendant science school and the minors protecting organizations can be represented at. To represent the number and range, determined by the court. to represent the court agreed, can participate in the juvenile defendant court education.

According to the law of public hearing, but may need to be mothballed criminal record cases, shall not organize personnel to attend. A correctly;

"High law interpretation" 473rd juvenile victims and their legal agents due to financial difficulties or other reasons not entrust agents ad litem, the people's court shall help the application for legal aid. B;

"Explain" high 480th in the court of the juvenile defendant or not use, but was to personal danger, except may prevent the trial activities. You must use the ring out, eliminate in real danger, should immediately stop using the. C correctly;

"High law interpretation" 490th crimes under the age of eighteen, was sentenced to five years in penalty and minors from criminal punishment criminal records, shall be sealed.

Concluded before the 2012 December 31 cases in accordance with the provisions of the preceding paragraph, the relevant criminal record should be sealed.

The judicial organ or the relevant units to the people's court for query mothballed criminal records, shall provide the query based on reason and. The query request, the people's court shall promptly make a decision whether to consent. D error.

Answer: 79, ACD : "high" explain the 498th defendant's relatives agreed by the defendant, can provide reconciliation.

The defendant is a limited capacity, its legal representative may for reconciliation. the legal representative of the defendant, close relatives, according to the provisions of the preceding two provisions for settlement, the settlement agreement

The apology and other matters, shall be performed by the defendant himself. A error; "criminal procedural law" the 279th to reach a settlement agreement case, the public security organs to

The lenient treatment advice people's procuratorate. The people's Procuratorate may apply to the people's court for lenient punishment

Advice; for minor crimes, without penalty, may decide not to initiate a prosecution. The people's court according to law, the defendant can lenient punishment. Therefore, the B right, C error;

The suspect, the defendant within five years had intentionally the crime, not suitable for reconciliation procedure. Traffic accident crime belongs to the error crime, so the D error.

Answer: 80, A : analytic judgments and rulings are exclusively belong to the court, A correctly;

In the relief phase decision cannot be performed by the appeal or protest, mode, B error;

"Criminal Procedure Law" article 282nd the people's court, to verify illegal income and other involved property, except to be returned to the victim, shall make a ruling shall be confiscated; does not belong to the property shall be recovered, the court shall apply, lift the seal, seizure, freezing measures.The people's court in accordance with the provisions of the preceding paragraph adjudication, criminal suspects and defendants, relatives and other interested party or the people's procuratorate can appeal, appeal. C error;

"Criminal Procedure Law" article 287th the people's court, for the respondent or defendant comply with the compulsory medical conditions, should be made compulsory medical treatment within one month of the decision. D error.