The Criminal Procedure Law A, single choice 1 a procuratorate to Li Mou is suspected of the crime of intentional injury, and may be sentenced to life imprisonment and to an intermediate court.The court accepted, that Lee petty offense, or may be sentenced to 5 years in prison.The court should be how to deal with?() A. should be transferred to the lower court; B. can be transferred to the lower court, also can not be transferred; C can be heard, no longer pay the grass-roots court; D.'s consent to an inferior court. 2 for the international treaties which China has concluded or acceded to the provisions of the crime. In our country, the obligations within the scope of the criminal jurisdiction.Such cases shall be under the jurisdiction of a court?() A.The grass-roots court defendant position: B. defendant position intermediate court; C. defendant is captured to the intermediate court; n the defendant was captured base of the court 3 Yuan Ming for Huang to personal injury of criminal incidental civil action, which requests to the court does not support? Medical expenses: B. long time fee: C care; D.The spirit of damages 4 a grass-roots procuratorates at the police station in a District Investigation Director Liu suspected bribery case, Liu found a criminal prosecution deadline has passed.How do we handle this?() A.B. Not to prosecute.The withdrawal of a case to suspend the trial; C.; D.Immunity from prosecution 5 the following matters, what is should apply the ruling?() A.Declare the innocence of the defendant; B.The application for withdrawal of judicial personnel; C. implementation of the order of the court staff in violation fines, detention; D.The court of second instance undo the court of first instance facts unclear, insufficient evidence judgment 6 a criminal sentenced to life imprisonment, the higher people's court ruled that the sentence to 15 years in prison, 10 years, but also by the intermediate people's court to 14 years in prison.But prosecutors believe the commutation properly, to the intermediate people's court a written recommendation.The people's court to give a written reply, does not change the order.Where the illegal procedure (case?) A. second should not by a higher people's Court: B. procuratorate considers that the people's court commuted to protest inappropriate, not presented in the form of: C people's court written comments on the people's Procuratorate is not re organization of collegiate bench trial; D. people's Court of the people's Procuratorate rectification opinions without prior execution 7 residents of Macao China in Xiangshan area river with a marriage, after living in the city of Fangshan District, and set up a wholly-owned printing company in Donghua District of the city.China often of the river a beaten.Present Jiang decided to court accused China of the crime of abuse, Jiang Mou to sue in court should be what?() A. Xiangshan District Court: B. court of Fangshan District Donghua district court; C.; D. the city intermediate people's court 8 which of the following cases, in accordance with the law shall not withdraw the case, or not to prosecute, or termination of the trial, or acquitted?() Long a in 1980 committed the crime of intentional injury, in 2000 April 28lEI found; B. B in 1999 May theft of a 1996 annual permanent card mountain bike; C. C interference in their daughter's marriage, the daughter Dutch act; D, Ding suspected of intentional homicide, but because of the traffic accident and death. 9, the proceedings in a robbery case, suspect Feng; Qi a victim has made requests for withdrawal, which request, the relevant authorities shall not support?() A.Responsible for the investigation of the case of public security personnel is a cousin of qi: B is responsible for the prosecution of procuratorial personnel is Qi a husband: Personnel in charge of the case records of the C. phase of the trial had Feng intentional injury as a witness in the case; Judge D. is responsible for the trial is Feng neighbor 10 which of the following personnel shall not serve as defenders?() A. has a lawyer occupation qualification Jiang mou: The legal adviser B. defendant units: C. the defendant's husband (being executed, control); D.The defendant's good friend Xu (unemployed) 11 which of the following cases, the people's court shall specify the undertaking the duty of Legal Aid Counsel for the defendant to defend it? () A. defendant Zhou is illiteracy: B.The defendant Xu family difficulties; C. the defendant Lin may be sentenced to death with a two-year suspension of execution; D. accused persons under the age of 18 he Mougang The 12 victim in a case of public prosecution and their legal representatives or near relatives, the party in an incidental civil action and the legal agent, () have the right to entrust agents ad litem. A.Since the case when B.S case transferred for examination before prosecution when; C cases prosecute when; D.The court accepted the case. Since when 13 according to the principle of the criminal procedure law and the relevant provisions of the arrest, should comply with the "there is evidence to prove the facts of the crime" legal evidence condition.The legal evidence of conditions of the complete, accurate meaning refers to what?() A. has evidence to prove that the criminal facts and evidence of the facts of the crime, the criminal suspect implementation; B. prove the criminal suspect crime evidence has been verified; C. A, the B two conditions should have at least one; D. A, the B two conditions should also have 14.Which of the following countries by a functionary of the implementation of the infringement of citizens' personal rights and the democratic rights of criminal cases, does not belong to the procuratorate jurisdiction?() A.Illegal detention; B, illegal search case; C. case of torture to extract confessions; D. to incite ethnic hatred, ethnic discrimination case The 15 crimes in the international train, in accordance with the relevant jurisdiction agreement signed between China and the relevant countries to determine jurisdiction.No agreement, shall be under the jurisdiction of a court (?) Long after the occurrence of the criminal jurisdiction of train initially docked Chinese station location or destination of the intermediate court; The jurisdiction of B. crime occurred after the train initially docked Chinese station location or destination of the railway transportation court: C. crime under the jurisdiction of the court at the domicile; The jurisdiction of D. crime occurred after the train initially docked China station location or destination of the grass-roots court 16 Hu for taking bribes is a procuratorate detention, according to the provisions of the criminal procedure law, the Hu a maximum period of detention is how many days?() A, 7; B.The 10 dayC, 14; D, 37 Medical identification of 17 personal injury controversial needs to be identified or medical expertise on mental illness, by (The hospital) That's OK. The people's government at the provincial level: A. B. the people's Procuratorate at the provincial level; C. provincial public security department to the higher people's court; D. A court in the trial of 18 Yemou traffic accident one case, the defendant Yemou requesting notification of new witnesses and the request for re examination.The court should be how to deal with?() A. can terminate the trial; B. can suspend the trial; the C. should the supplemental D. may decide to postpone the hearing Zhang 19.i v. people will appeal against the judgment.The city intermediate court trial think, a judgment facts are clear, evidence really, fully, but to Zhang the theft and robbery sentenced to punishment properly, a trial of two penalty of sin is respectively 2 and 9 years, with 10 years, accurately sentencing should be respectively 5 and 7 years, according to the "appeal not infliction" principle, the second instance court to make a decision? A. directly to the crime punishment two, SU was 5 and 7 years, with the implementation of the 11 years; B. directly to the crime punishment respectively two, 5 and 7 years, with the execution still for 10 years; C.. Decision to maintain; D. to facts unclear, insufficient evidence is remanded to the court for retrial. 20 Ding to insult to a court of criminal private prosecution.During the trial, the court mediation Ding and beams of a mediation agreement, legal service, Ding.In this case, Ding have the right to adopt what kind of way?() A. asked a court to try: B. to appeal to the court of second instance; C. appeal for retrial,: D. re prosecution 21, the people's court in accordance with the procedure for trial supervision to the trial of the case, be from when concluded within 3 months?() A.: B. made for accepting the appeal, retrial decision; C. service question, the retrial decision; D. when the trial 22 in the trial, the following relevant witnesses in litigation activities of the statement is incorrect (). A. minors as a witness, can not appear in court as a witness; B. considers it necessary, may question the witnesses: C. witnesses questions can be respectively; D. witness shall not sit in on the trial of the case 23 Chen often by her husband's cruelty, but because she is sick in bed, not to mention criminal private prosecution.Which of the following can to tell?() A Chen ex husband Lee; B. Chen's cousin (lawyer): C. Chen's half brother (unemployed); D. Chen's grandfather (60 years old) More than two criminal acts of the 24 defendants in cases of public prosecution and private prosecution, belong to the case, the people's court should be how to deal with? A, B. shall be heard by the Procuratorate approved, can be heard; C. shall be respectively the trial; D. can be heard The lawsuit on behalf of 25 defendants unit of people accused of crimes committed by a unit and the persons who are directly in charge is the same person, the court should be how to deal with? A. is the executive as the litigation representative; B. can be made by the competent personnel as the litigation representative: C shall require the relevant administrative organs to determine the legal representative of the unit: D. shall require procuratorate shall determine action on behalf of the accused person units 26 the second private prosecution procedure statement is incorrect (). A.For instance a case of private prosecution can mediate; The B.- instance private prosecution procedure can be a counterclaim; The C.- instance private prosecution procedure can be reconciliation; D.- the private prosecution procedure with mediation, the judgment of first instance, ruling as Automatic Undo In the 27 branch in management, self investigation cases, believes the case there are special problems, the technology sector in the procuratorate identification.Which one of the following persons or institutions can make the decision?() A. handled the case investigators; B. for the case of the anti corruption Bureau leadership; C.The chief procurator of the procuratorate Procuratorial Committee; D. 28 the following relevant identification statement is incorrect (). A.In recognition, shall apply to the identifying people asked in detail about the characteristics identified or identifiable B. several identifying people on the same identified person identification, can be performed individually by each of identifying people; C. identify the suspects, by identifying people shall not be less than 5; D. identify items, similar items shall not be less than 5 The 29 district for fraud by thousands of trial court in August 18, 2000 sentenced to 5 years in prison, a district in August 23rd received the verdict, District, the effective period (up to), A.8 18; B.8 19C.8 month 23 daysD.8 month 24 days 30 Tu had committed intentional homicide trial court sentenced to death, with no appeal.High court approved the death penalty review, and issued the executed command.The execution court after receiving the command, should be in the (Will be coated with a delivery). A.3; B.5; C.7; D.IO Two, multiple choice questions 1 which of the following cases belong to the procuratorate filing jurisdiction?() A. Sun Mou is suspected of tax evasion; B., a suspected embezzlement case; C.In a bribery case; D. inspectors Jiang Mou is suspected of torture to extract confessions 2 which of the following situations can lead to initiate the procedure for trial supervision?() A. proved that there exists a contradiction between the main facts of the case evidence; B. probation error; C violating the withdrawal system; D. judges have corruption, bribery, play favouritism and commit irregularities, perverting the law in the trial of the case behavior 3 Liu fraud charges in court sentenced to 10 years in prison.Judgment should be told, Liu Mou to heavy sentence on the grounds of appeal, but on appeal after the expiration of the period of withdrawal of appeal.For Liu to withdraw the appeal, the court of second instance should be how to deal with? A.Allow Liu withdrawal; B. to review the appeal cases, if the original facts and the applicable law is correct, appropriate sentencing, shall make a ruling to allow Liu withdrawal: C. review of the appeal case, if the original facts unclear, insufficient evidence, wrong or improper sentencing laws, should not allow withdrawal of appeal: D
if the original facts unclear, insufficient evidence, wrong or inappropriate sentencing and the applicable law is not allowed to withdraw the appeal shall be conducted in accordance with the procedure of appeal, the trial 4 procuratorate indictment said: Sun crime has over 18 years of age, he went boating in the name of lead children, when the ship to the water, deliberately yearling girl into the water, making it drowned.Accordingly, in the case of public prosecution in court is hearing should prove what it?() Wan sun crime has over 18 years of age; B. Sun Mou behavior intent C. the girl can't swim; D. the girl was drowning 5 Han Mou son Han Liyin robbed by the public security authorities for execution of arrest, Han Li by Han Mou to hire a lawyer to provide legal advice.Lawyers for legal assistance is the main content of which () A. provides legal consultation; B. investigation; C. appeals, sue; D. to the investigation organ about the Han Li charges 6 for avoiding litigation participants (). Witness A.: B. defenders; identification of C.: D. clerk Crime 7 Chinese citizens in overseas Chinese embassy, which the court has jurisdiction over?() A.The civil authorities where the court; B.The citizen is the original domicile of the court; C. the citizens entering the court; the original D. citizens often where the court The 8 defendants have which of the following circumstances, the people's court may decide to bail or residential surveillance?() A.May be sentenced to public surveillance, detention or independent additional penal apply: B. may be sentenced penalty above, take bail, residential surveillance would not endanger society; C. should be arrested and is suffering from a serious disease; D.Are pregnant, breast-feeding her own baby 9 which of the following is not a military court jurisdiction?() A. unemployed Liu in the barracks in theft crime: B. soldier Wang in the service period was found before Wu had serious armed robbery causing serious injury; C. Wu retired, found in the service period of the cause traffic accident escape: D., a retired procedures in handling illegal forces in Library guns stolen and sold 10 in the investigation form, found that a crime suspect should not be investigated for criminal responsibility in the case, the investigation organ should be how to deal with? PillThe withdrawal of a case: B, suspend litigation; C, release the arrested suspect, and issued a release certificate: D. the public security organs to release the arrested suspect, shall notify the original approved by the people's Procuratorate 11 in the trial process of criminal cases, with the permission of the presiding judge, which of the following litigation participants may question the witnesses, authenticators
?) A.Witness: C.; B. the defender: D. agents ad litem 12 people's court hearing in public prosecution of criminal cases in which summary procedure is applied, which of the following is the people's Procuratorate shall request the people's court hearing the case of the summary procedure to the procedure of first instance cases?() A. is on the defendant's criminal question; more controversial B. facts, evidence; C. according to law shall be sentenced to 3 years in prison for the defendant; D. defendant has the new criminal facts need additional prosecution trial together 13 the second instance court found one case the court of first instance trial which violates the litigation procedures prescribed by law, shall decide to reverse the judgment, remanded by the people's court re trial?() A. in violation of the provisions of the criminal procedure law related public trial regulations; B. violating the withdrawal system; C. the first instance court ascertained that the obviously incorrect facts; D.The judges in the trial of the case, take bribes, play favouritism and commit irregularities, perverted the law behavior. 14 which of the following judgments and orders are legally effective judgments and orders?() Pill has the statutory time limit not appeal, appeal the verdict; B. final judgments and rulings; C. approval of the Supreme People's court judgments of the death penalty; D.The higher people's court approved two year stay of execution of the sentence 15 city intermediate people's Court on Lee, Chen, in a case of intentional homicide verdict after, Lee appeal, in a, Chen did not appeal.The people's Court of second instance during the trial, the defendant Lee died of an illness.In this regard, the court of second instance should be how to deal with?() A. on the defendant Lee announced the termination of the trial: B.On the defendant acquitted; C.The defendant in a judgment or ruling, chen; D. the decision to terminate the trial 16 people's Procuratorate prosecution cases, shall apply to the people's court to "evidence" includes: A.The main evidence involves a variety of evidence in the indictment; B. more than the same kind of evidence identified as "evidence": C.As a statutory sentencing surrender, meritorious service, recidivism, aborted attempted, justifiable defense; All the evidence to prove that the defendant D. major criminal facts 17 since the procuratorate to examine a case for prosecution date, the defense lawyer may have what action? A, consult, extract, copy the file documents, technical identification of materials; B. meet and correspond with the criminal suspect in custody; C. to the victims and their close relatives to collect evidence; D. of the witnesses agree or other units and individuals agree, can collect information pertaining to the current case to them 18 criminal incidental civil action, which shall be liable for compensation? A.Other common perpetrator of criminal defendants and not be investigated for criminal responsibility; B.Underage criminal defendant's guardians; C.Has been executed criminals of inheritance; Criminal behavior of D. of the defendant shall bear the civil liability of enterprises, institutions, organizations 19 according to the law of criminal procedure, witness to testify in court.The witnesses to appear in court, the judges shall do include what content? ATo verify the identity of the witness should testify before; B.Relationship with the defendant shall verify witness witnesses to testify before the; CThe witness testified before should inform the legal responsibility to perjury to negative; D.The witness testified before, should let the signature in the guarantee to testify truthfully 20 the following about the execution of a program statement is incorrect () A.After the verdict, ruling executive decision: B.The court of First Instance judgement of the innocence of the defendant, exemption from punishment, if the defendant in custody shall be released immediately after the verdict; CShooting or injection method using the death penalty can only execute: D.The juvenile offender can execute penalty in juvenile delinquents Three, uncertain item selection 1.The city's Procuratorate in the investigation of the city Bureau of education is in charge of the enrollment of the force of a bribery case, in addition to find Wu used his position to accept bribes, also found that Wu is suspected of the crime of huge unidentified property and illegal sold to foreigners, as precious cultural relics crime.According to the above, please answer the following questions: (1) the procuratorate for Wu allegedly sold to foreigners, as precious cultural relics crime, it should be how to deal with? A.In conjunction with the crime of accepting bribes, the crime of huge unidentified property investigation: B.To the public security organ for investigation; C, in three of a suspected crime Wu, if the crime of accepting bribes, the crime of huge unidentified property crime in two main one is the main crime, by the procuratorate investigation, the public security organs to be with; C,In three a suspected crime Wu, if illegal sold to foreigners, as precious cultural relics crime is the main crime, by the public security organs mainly cooperate with investigation, procuratorate. (2) accused Wu guilty of the crime of huge unidentified property, first of all should assume that their property or expenditure significantly more than the legitimate income and the tremendous difference proof responsibility, is which of the following organs or personnel?() A.'s B.: C.; reporter Wu I; D. Wu unit (3) in addition to impede the investigation and unable to inform the situation, the relevant departments of the force of a suspicion of bribery crime arrest, which of the following organs should be within 24 hours of the arrest and detention of Wu reasons premises notice Wu family or unit?() A.And decided to arrest procuratorate: B. executive police arrest; C. is responsible for the custody of the Department; D. procuratorates and the public security organs (4) in the investigation, be hired lawyers and jailed Wu during the meeting, should make what kind of processing the following options? A. arranged in 24 hours to meet: B. arrangement within 48 hours of meeting: C. arrangement within 5 days to meet: D. not to arrange the meeting 2.Investigation of staff in public security organs Han Mou, Li Mou is in investigation along with gang robbery, the criminal suspect season a torture to extract confessions, led directly to a season of death, by city procuratorate the arrest.The people's Procuratorate during the investigation of the case, find Han, Lee had to witness a high use of violence as a means of forcing the testimony, so decided to merge the two investigation.The conclusion of the investigation, the city attorney, court to the court to prosecute.After trial, the court to voluntary manslaughter and sentenced Han Mou of 12 years in prison, with evidence of violence and sentenced to Han Mou of 3 years in prison, decided to implement a 13 year prison sentence for manslaughter: Lee sentenced to 5 years in prison, with evidence of violence crime Lee sentenced to 2 years in prison, decided to implement a period of 6 years.The first trial announcement, Li Mou does not appeal, Han Mou to it not, heavy sentence on the grounds of appeal, a people's Procuratorate to trial on Han a sentencing too light for protest.Please answer the following questions. (5) Han Mou, Li Mou of suspect season a torture to extract confessions, resulting in a season of death, in accordance with the criminal law, should be identified why crime, The crime of torture to extract confessions: A. B. intentional homicide; C.: D. evidence of violence crime of intentional injury crime (6) if the Han Mou, Li Mou in the investigation stage to hire a lawyer, employed lawyers can be what activities the following options? A.Meet with the criminal suspect in custody; B.Consult, extract, copy the file documents, technical identification of materials; CThe witness agreed, information related to the case to them: D.The procuratorate to infringe the rights of the person and personal insult to sue (7) if the Han, a season in the stage of review and prosecution lawyer as his defenders, lawyers can be employed in the following options What activities? A.Meet with the criminal suspect in custody: B.Access, extract, copy the file documents, technical identification of materials: C. of the witnesses agreed, information related to the case to them; D to procuratorate to infringe the rights of the person and personal insult to sue (8) the procuratorate in the period of investigation, found that Han Mou, Li Mou also had to witness a high use of violence as a means to obtain testimony, how to plan Han Mou, Li Mou is investigation detain deadline? A.Only in accordance with the previous crime investigation detain deadline calculation: Calculation of newly discovered crime investigation detain deadline investigation detain deadline B. from a crime before the expiration date of second days; C.Computational investigation detain deadline according to the multiplicity of crime; D. self discovery means to obtain testimony of witness violence crime date, recalculate the investigation detain deadline (9) in the case the court of second instance, how should the sentencing? A.The Han can impose heavier penalty than the original penalty; B. Lee may be sentenced to more than the original penalty more severe punishment: C. on Han Mou not sentenced than the original penalty more severe punishment; D. Lee is heavier than the original penalty shall not be sentenced to a punishment Four, case analysis 1 Middle East Sun Chen Wang lent 5000 yuan, Sun Chen promised at the end of 2000 6 to pay off.But it was not until 2000 August Sun Chen didn't pay up, so Wang Zhongdong had to ask for.Sun Chen deny by oath once borrowed money King Middle East, and was insulted Wang Zhongdong.Wang Zhongdong was angry, picked up a chair will Sun Chen down, caused by Sun Chen head blunt injury, wound up to more than 10 cm, with a total cost of 2 yuan, and cause sequela.In 2000 December Sun Chen entrusted his son Sun Xiaohai (15 years old) report to the Public Security Bureau of a district, the public security bureau to belong to civil disputes for the reason to refuse registrationSun Xiaohai went to a District People's Procuratorate requirements to solve.The procuratorate shall file a notice to the public security bureau.The Public Security Bureau after examination, do not meet the conditions.The procuratorate and Sun Xiaohai according to provide material to be placed on file for investigation and appropriate, then transferred to the prosecution departments shall start action, but the researchers think that the prosecution, the criminal suspects Wang Zhongdong usually had no criminal record, will make the decision not to initiate a prosecution. So Sun Chen and appointed Sun Xiaohai as an agent ad litem to a district court prosecution, shall be investigated for criminal responsibility in Wang Zhongdong's request, and pay their medical expenses and 50000 yuan for the loss of spirit.The court shall accept the application.During the trial, the defendant Wang Zhongdong filed a counterclaim request Sun Chen pay 5000 yuan in arrears, the court accepted Wang Zhongdong's counterclaim request.During the course of the trial, the judges to mediate between the two sides, but was refused sun chen.After the trial, the court sentenced the defendant Wang Zhongdong: a 3 year prison sentence, suspended for 5 years; order the defendant Wang Zhongdong to pay the private prosecutor Sun Chen medical costs 25000 yuan, 5000 yuan for the loss of spirit; for Wang Zhongdong filed a counterclaim for lack of evidence does not support. Q: what is against the provisions of the criminal procedure law of the common procedure of this case and briefly explain the reasons?. 2 Li Jing (female) and Chen Huaqing (male) married in 1995.Shortly after marriage, because Chen Huaqing was having an affair, husband and wife The incompatibility.In 1998 Li Jing and unemployment because of layoffs, and Chen Huaqing often beat and scold Li Jing.In 2000 May Li Jing unbearable, criminal prosecution to the court, asking for Chen Huaqing's guilty of crime of abuse of the criminal responsibility, and divorce, the court accept the case, Chen Huaqing asked the court presided over the mediation, was judge Zhuang Ming refused, the reason is to mediate - Chen Huaqing become shame for criminal cases can not be beaten again, Li Jing.So Li Jing went to the court to find Ming, for processing.Ming is very angry, decided to immediately summon jade Qing, decided to carry on the education of Chen Huaqing.In the morning, police will Chen Huaqing summon to court according to Ming issued bench warrant, and shut up in the court of the defendant on bail room.The younger brother of two day afternoon, Zhuang Ming of the education of Chen Huaqing.Chen Huaqing said later any further not beating Li Jing, Zhuang Ming will be the release of Chen Huaqing.Later, as Li Jing parents advice, Li Jing withdrew the prosecution.After a few months later, Chen Huaqing has been for Li Jing did not take any abuse behavior.In 2001 March, Li Jing and Chen Huaqing because of economic problems quarrel.This day, Li Jing puts forward to the original court for criminal prosecution, shall be investigated for criminal responsibility of the crime of abuse of Chen Huaqing, the court's decision in March 15th to accept the application, and in April 20th that: Chen Huaqing was sentenced to a year in jail, suspended for two years; the release of Li Jing and Chen Huaqing's marriage. Q: the case for which there is inappropriate in the litigation process and briefly explain the reasons?. 3 city procuratorate received a report, a private enterprise advocate Ji Jiang has serious tax evasion.So after the preliminary investigation, Ji Jiang investigation.In April 14, 2000, the long approved by the city attorney, to summon the Ji River, summon on Ji carry was questioned, because Ji Jiang has been denied on the fact, the procuratorial personnel tushen overnight, until the next night, Ji Jiang on the relevant facts - initially admitted: so make the detention decision in April 16th the procuratorate Ji, will carry in custody in procuratorate detention room.Ji Jiang proposes to hire a lawyer, prosecutors in the case involves state secrets refuse to hire a lawyer.In May 5th, the people's Procuratorate Investigation Department of the Ji Jiang a case transferred to the prosecution department for examination and prosecution.In May 10th, after the approval of procuratorate for examination and prosecution department, decided to arrest, and by the prosecution department approval, require bank Ji River to freeze its deposit.In August 1st, the people's Procuratorate prosecution to the courts.The court in the case found in examination prosecution on charges of the facts are not clear, then ask the investigation, prosecution Lun Xin has file material and material evidence to the court.Court trial, prosecutors found evidence about the case did not sufficient, so the request, the court decided to suspend the trial.The procuratorate in the supplementary investigation stage, that Ji Jiang crime fact is mild, then made the decision not to initiate a prosecution. Q: what is the case of impropriety in the litigation process and explain the reason?. 4 Xu Jia Lu on suspicion of rape, deliberately harm (deaths) crime was a grass-roots procuratorate prosecution to the court. Layer. After hearing the preparatory work, the court decided in July 8th held a public hearing the case, and in July 7th the time will come, notify the procuratorate place.In the trial, the defendant Xu Jia Lu proposed withdrawal request, the reason is the presiding judge Li Jinghua is the victim of one of the sun's uncle.The collegiate panel, that the accused of improper withdrawal request.After the trial, sentencing court sentenced the defendant Xu Jia Lu: rape, was sentenced to 8 years: committed the crime of intentional injury, sentenced to 7 years in prison, punishment execution for a period of 13 years.Decision on the air 18 months served on the defendant Xu Jia Lu, August 5th, Xu Jia Lu appeal.City Intermediate Court in the trial process, found that the appellant Xu Jia Lu crime of bad behavior, and the withdrawal of the original judgment, commuted to: rape, was sentenced to 10 years: committed the crime of intentional injury, he shall be sentenced to life imprisonment; decided to carry out the life imprisonment. Q: what is inappropriate in the case proceedings and briefly explain the reasons?. 5 Li Chengjun on suspicion of theft by a public security organ for investigation, the investigation personnel is an interrogation record: The investigators: defendant Li Chengjun, do you know why you are detained? Li Chengjun I don't know. The investigators: you want to tell me the truth, there is no way out. Li Chengjun: I'm not guilty, I want a lawyer. The investigators: now you can't ask a lawyer, you can defend themselves. The investigators: you Is it right? Stole neighbour yellow into 30000 yuan? Li Chengjun: No, he accused me of. The investigators: government policy has always been "frankly leniency, resist strict".If you confess crimes, we can put you out: otherwise, you will be severely punished. Q: according to the interrogation record, please indicate which aspects in violation of the provisions of the criminal procedure law. 6, Chu Jian with girlfriend Li Li quarrel, he threatened to teach Li Li.Li Li told his brother Lee.Li Guping on Chu Jian discontent, to the police station director's cousin Liang Jun denounced report, Chu has deliberately hurt others crime preparation.So, Liang Jun in Chu Jian arrested for the crime of intentional injury (Preparatory) file, and Chu Jian detention.In the interrogation, Chu Jian deny by oath has meant, at that time just temporarily angry, just say it.The conclusion of the investigation, the police will be the case transferred to the procuratorate.Procuratorate in the prosecution, think Chujian act does not constitute a crime, then returned to the police station, asked to withdraw the case.The police station without supplementary investigation cases, to transfer the case to the people's procuratorate.The procuratorate review that, Chu Jian minor illegal acts, not as a crime, you decide not to initiate a prosecution, and the decisions on the police station.The police suggested reconsideration request to the people's Procuratorate, the procuratorate review, reconsideration request that improper.Then the police also to the procuratorate review requirements, the procuratorate review, then withdrew the original decision not to prosecute, and will Chu Jian arrest.The prosecution to the court.In the simple case by the court, the procuratorate agreed, decided to apply summary procedure.Can't open trial, judgment on the defendant Chu Jian exempted from punishment.Procuratorate lodge an appeal against the verdict of the first trial.An intermediate court, summary procedure applies to hear of, think the decision is correct and to maintain the original judgment of the decision, and the court to release. Q: what are the mistakes in the case proceedings and briefly explain the reasons?. 7 Zhu Kun, Lin Sheng is a procuratorate prosecuted on suspicion of theft, fraud.A grassroots court open trial, the court sentenced Zhu Kun to 12 years in prison, sentenced to accomplice Lin Sheng for a period of 10 years.After the sentencing, in April 17, 1999 on the defendant.The next day Zhu Kun suffering from acute appendicitis hospitalization.In May 15th, Zhu Kun appeal to the trial court in the hospital.The appeal court received after that, over the period of Appeal dismissed, and Zhu Kun will be executed.Zhu Kun's friend Chen nearly after that, to appeal to a court, the court of reason is the improper application of the law, sentence is too heavy.The intermediate people's court after examination, that the appeal of rational, so decided to reopen, applicable to the procedure of first instance trial.Hearing that, obviously incorrect the trial court finds that the facts, so that the grass-roots court remanded retrial.The basic level courts, on Zhu Kun, Lin Sheng to hear the case, that the original judgment was correct, made the same decision.Zhu Kun in the appeal period again appeal.An intermediate court conducted a trial on request scope Zhu Kun appeal in the second instance, the court considered heavy sentence, commuted the sentence of 8 years, since Zhu Kun pleaded guilty attitude is good, decided to deliver local detention execution. Q: what is illegal in the case proceedings? Appendix: the reference answer A single question 1.C:2.C; 3.D; 4.B:5.D; 6.C; 7.B:8.C; 9.C; 10.C:Il, C:12.B:13.D:14.D:15.B:16.B: 17.A:18.D:19.C:20.C:21.B.22.C:23.C:24.D:25.D:26.B: 27.C:28.B:29.C.30, C. Two, choose 1.CD:2.ABD, 3.BCD:4.ABD:5.ACD:6.CD:7.AB:8.ABCD: 9.ABCD:10.ACD:11.BCD; 12.ABC; 13.AB:14.ABCD:15.AC; 16.ABC; 17.ABD:18.ABCD:19.ABCD:20.ACD Three, uncertain item 1 (1) CD;(2) C;(3) B:(4) B;2 (5) B:{6) AD;(7) ABD;(8) D;(9) AD Four, the case analysis: 1, [answer] 1.The Public Security Bureau shall file.The first paragraph of article eighteenth of criminal procedure law. 2.The procuratorate requires that the Public Security Bureau registration, the Public Security Bureau shall file.Law of criminal procedure eighty-seventh. 3.The people's Procuratorate investigation right is not directly.The second paragraph of article eighteenth of criminal procedure law. 4.The people's Procuratorate decide not to initiate a prosecution reason is improper.140th criminal law article fourth and article 142nd. 5.By Sun Xiaohai as an agent ad litem improper.The Supreme People's court "on the implementation of the people's Republic of China (Criminal ProcedureMethod) interpretation of several issues "forty-seventh and thirty-third. 6.The court accepted the defendant Wang Zhongdong's counter improper.Because the claim has no criminal nature.The Supreme People's court "on the implementation of (Criminal Procedure Law of the people's Republic of China) interpretation of several issues" 206th. 7.The court mediation is improper.In the third paragraph of article 172nd and 170th of the criminal procedure law. 8.The court sentenced Wang Zhongdong to pay damages for improper.Law of criminal procedure seventy-seventh. 2, [answer] 1.Li Jing filed for divorce request cannot be accepted.Law of criminal procedure seventy-seventh. 2.For criminal cases of private prosecution, the court can be presided over mediation.Law of criminal procedure 172nd. 3.Zhuang Ming made its decision improper.The Supreme People's court "on the implementation of (Criminal Procedure Law of the people's Republic of China) The second paragraph of article sixty-third interpretation of several issues ". 4.Zhuang Ming made its reason not to.The Supreme People's court "on the implementation of (Criminal Procedure Law of the people's Republic of China) Interpretation of several issues "sixty-fourth. 5.Ming should be questioned in 12 hours.Law of criminal procedure ninety-second. 6.