The Criminal Procedure Law Review

 

A, judge a problem (to judge the following is wrong, the correct picture "√"; the wrong painting "*", painted in the stem of the brackets.)

1, public security organs to handle criminal cases, to not understand the local language lawsuit participates in a person, can be translated for them. (    )

2In conducting criminal proceedings, the public security organ, to accept the legal supervision of people's procuratorate. (    )

3Criminal cases by public security organs, the jurisdiction of criminal suspect residence. If the public security organ of criminal jurisdiction is more appropriate, can be under the jurisdiction of the public security organ to the crime. (    )

4In the process of investigation, the public security organs at or above the county level, the withdrawal of the person in charge, determined by the public security organ at a higher level. (    )

5The investigation personnel, apply for withdrawal, not to be approved, it shall stop the investigation of a case.

(    )

6, in criminal proceedings, public security organ at a higher level to the public security organs found lower decision or the handling of cases is wrong, have the right to cancel or change. (    )

7, the suspect must own lawyers, their relatives not to hire. (    )

8The suspect, request can only hire a lawyer in writing. (    )

9, the lawyers met with the criminal suspect in custody, the public security organs according to the situation and need to send staff to the scene. (    )

10, physiologically, defects or young in spirit, are not as a witness. (    )

11The witness is not willing to do, a card, the public security organ according to the circumstances of the case to its. (    )

12Public security organs, no justification for the call does not appear suspect, able to summon. (    )

13, have been detained suspects, evidence does not meet the conditions of arrest can bail.

(    )

14On bail, the suspect, shall be ordered to provide a guarantor and deposit. (    )

15The criminal suspect shall be ordered to pay the amount, high margin, the public security organ at or above the county level shall be responsible for the approval of the person. (    )

16The decision of the public security organ, bail, it shall timely notify the police suspect residence Executive (    )

17, was released on bail the suspect there is a justifiable reason to leave live in city, county, it shall be approved by executive bail suspects the local police station. (    )

18Criminal suspects in the monitoring period of residence, not on its identity certificate, motor vehicle driving license (ship). (    )

19The public security organ shall not. In the detention center, administrative detention, indwelling room or public security organs other working places in the implementation of residential surveillance. (    )

20. under residential surveillance are justified in asking for leave the house or the designated residence, responsible for the implementation of the police have the right to decide whether to approve the. (    )

21. public security organs for Provisions refers to procedures in criminal cases repeatedly commit crimes, refers to two or more times. (    )

22Public security organs for said. Rules of procedure in criminal cases, gang crime, refers to three or more persons jointly. (    )

23The people's Procuratorate has the right to decide. The criminal detention, but due to the public security organ. (    )

24The investigation of criminal suspects arrested. After the period of detention shall not exceed3Month. (    )

25. to be detained, arrested the suspect, the defendant, can send the detention center custody (    )

26At a detention house shall in the crime suspect, the accused's detention expires3The competent authorities notified cases. (    )

27The public security organ to accept the charges. The report, staff, should be to the complainant, accuser legal liability for false accusation. (    )

28The public security organs in the process. The investigation of a crime, the crime or major suspects in custody shall be in accordance with the law, to meet the conditions for arrest the suspect, may be arrested according to law. (    )

29At the interrogation of criminal suspects, can be carried out by the public security organs of the investigation personnel or other personnel. (    )

30. interrogating a criminal suspect, should be the first to let him state the circumstances of his guilt, and then put a question to him. (    )

31. during the interrogation of a criminal suspect, shall inform the questioning of investigators have the right to refuse to answer. (    )

32. during the interrogation of a criminal suspect, in written records at the same time, we must sound recording, video. (    )

33. witnesses, victims, to witness, the employer or domicile.

(    )

34Responsible for the crime. Crime scene investigation, the police station is. (    )

35. to conduct a search, must have to the person searched the presence of search. (    )

36After all in detention24Hours to inform the families of detainees or unit. (    )

37The public security organ according to the need. The investigation of a crime, the criminal suspect may be frozen deposits, for a period of6Month. (    )

38. criminal suspect who should be arrested at large, the public security organs and people's procuratorates can arrest warrant issued. (    )

39Identify suspects, the number of identified no less than10People. (    )

40. medical identification of personal injury controversial need re identification, by ground (city) level people's government designated hospital. (    )

41At the people's Procuratorate to the public security organ for supplementary investigation, the supplementary investigation to3Time limit. (    )

42Jurisdiction is not clear. In criminal cases, can be determined by the negotiation about the jurisdiction of the public security organ.

(    )

43In jail, jail offenders and new crime, the Criminal Investigation Department of the public security organ shall be placed on file for investigation. (    )

44The foreigner crime, by the county public security organs of criminal investigation. (    )

45. upon approval of the public security organ, foreign criminal suspect may employ their own translation, but the translation fee shall be borne by the public security organs. (    )

46. margin by criminal suspects or their relatives and friends, legal representative, units to the public security organ designated bank accounts to pay. (    )

47The duration of the detention shall not exceed24Hours (    )

48To self injury, self mutilation way to escape investigation suspects can bail. (    )

49In the areas inhabited by minority nationalities, should carry out the trial with a minority language. (    )

50The prisoners, in detention, criminal detention of having committed a crime, the criminal investigation, by the detention house. (    )

Two, uncertain item choice (please will then choose the right answers, fill in the brackets.)

1In ethnic or multi-ethnic area, the public prosecutor, organ (three      )

A Should be tried in the language or languages

B For does not understand local language of the participants in the proceedings, for their translation

C Release notices and other documents should be written language commonly used in the locality

D Shall issue a verdict by Chinese characters

2In criminal proceedings, in case of statutory no criminal responsibility should be the case, (      )

A Withdrawal of the case                             BNon prosecution

C Acquittal                             DTo suspend the trial

3A is a16Years of high school students, in the2006Years of the Spring Festival, she entered the office of a unit, theft5Computer host CPU and disk. A public security organ for investigation of the case, to put forward some factual evidence to prove the case. The following content, belongs to the criminal litigation proof object ( ABD )

A A theft facts                        BA age

C 2006Spring festival that day, the national holiday on facts     DA crime after the performance

4The public security organ for detainees, deems it necessary to arrest a request for approval of a people's Procuratorate for examination, deadline, the longest can be extended to after the detention30Day with a (      )

A Fugitive suspects

BMajor suspects many times

C Major suspects who commit crimes

DMajor suspects seriously endangered public security and public order

5A police station on suspicion of illegal detention of a person by the people's Procuratorate investigation, during this period, the people's Procuratorate have discussed whether to arrest the police inspector. If the people's Procuratorate decided to arrest the police, at least should have what kind of condition (      )

A Illegal detention of the criminal evidence

B The police may be sentenced to3Years above punishment

C The police may be sentenced to prison or punishment

D The police have social great danger

6The following measures, which belongs to the nature of our criminal compulsory measures are (      )

A Summon                               BSummon

C Citizens over                           DResidential surveillance

7Together with the theft, the suspects a by the public security organs according to law of bail, another suspect B by the public security organs residential surveillance according to law. For a and B, they must comply with the

(      )

A Without approval of the public security organ, shall not leave the place

B Without approval of the public security organ, shall meet other people except the family members and lawyers

C In the time to

D Not to interfere in any form with the witnesses

8The public security organ for stage case clues and evidence materials channels (      )

A Public security organs found facts of the crime or the criminal suspect

B The behavior of people

C The relevant units or individuals report or report

D The report and accuse

9The public security organs in the criminal cases on file conditions (      )

A There is enough evidence to prove the facts of the crime

B The facts of the crime

C Need to be investigated for criminal responsibility

D Under its jurisdiction

10A suspected of smuggling by the public security organ for investigation arrested. In the stage of investigation in the case, the suspect a lawyer can enjoy those rights according to law. (      )

A As a application for bail

B To the public security organ to a suspected accusation

C Apply for the relevant investigators avoidance

D The request of the public security organs to lift a take over the statutory period of arrest measures

11In the stage of investigation, the suspect can (      )

A A lawyer acting for the complaint, accusation

B Requests the lawyer in the presence of his being asked

C The presence of others can not meet the requirements of a lawyer

D To talk to a lawyer about his alleged crime situation

12In addition to the public security organs have the power of investigation, the following with the power of investigation organs (      )

A The people's Procuratorate                     BThe people's court

C The security departments of the army                   DPrison

13Lee long theft, finally the. Investigation personnel according to Lee homes searched, theft of the camera was found in his apartment, DVD machines etc.. According to the classification of different standards of evidence, in this case from Lee somewhere found a camera, DVD machine belongs to (      )

A Physical evidence                      BFrom the evidence

C Direct evidence                      DCircumstantial evidence

14Those who claim the following options are correct (      )

A The crime of illegal detention can be under the jurisdiction of public security organs

B The crime of illegal detention can be under the jurisdiction of the people's Procuratorate

C The crime of illegal detention by a public security organ and the people's procuratorates who first accepted who jurisdiction

D The crime of illegal detention in accordance with the subject of crime is determined by who under the jurisdiction of different

15The public security organ in which of the following circumstances, can advance detention (      )

A The victim or the eyes see people identify his crime

B Found evidence of a crime in the side or residence

C After the crime Dutch act, or attempt to escape the fugitive

D Threatened to crime, but not implemented

16She witnessed the three gangsters in the bus knife robbery. Three men were arrested after the public security organs, the investigators found a red, asked her for the time. This is (red      )

A Provide testimony according to their own subjective wishes

B For their own name secret in the litigation process

C Requires the judiciary to ensure their own safety

D Request the judicial organ to protect their near relatives

17City prosecutors in the investigation of the city industrial and commercial bureau director Lee bribery case, found that Lee is also suspected of a traffic accident case. Lee is suspected of the crime of traffic accident, should be how to deal with (      )

A Together with the bribery investigation           

B To the public security organ for investigation

C In two Lee suspected crime of bribery, if is the main crime, mainly by procuratorate investigation, the public security organ to cooperate

DIf the traffic accident crime, is the main crime, by the public security organs mainly cooperate with investigation, procuratorate.

18In the public security organs to robbery homicide case, according to the report of the case review materials. Which of the following is the decision to initiate condition (      )

A The informant provided there is sufficient evidence         BThe public security organ that robbery homicide occurred

C The suspect was arrested on the spot           DCriminal responsibility shall be investigated according to law

19Which of the following statements about the case filing procedure, which is not accurate (      )

A The public security organ, the procuratorate for does not fall under its jurisdiction shall accept the charges, and refer the case to the competent organ

B Public security organs to take emergency measures for does not fall under its jurisdiction shall not have the right to report

C Report of the accusation and report shall be made in written form

D Report receiving the complaint, the staff should be informed the informants false legal consequences

20The following investigation behavior legal to have (      )

A Summon the suspect Zhang to the Baiyun Hotel for questioning

B Notify the Witness Lee (17Years old) to the Baiyun Hotel for questioning, Lee's father, but not to notice

C Investigators in the investigation at the scene, did not invite witnesses, not making on-the-spot survey record

D Investigators searched Zhang residence, shown the search warrant, but only the investigators and Zhang presence

21The following investigation behavior not legal to have (      )

A The police detained Wang Li Mou contracts and books, issued a receipt to Wang

B City Public Security Bureau to Wang's contract and books are irrelevant to the case, immediately lift the seizure

C County Public Security Bureau requires identification of Wang's mental illness, but because of the remoteness, they were identified in the county government designated by the people's Hospital

D A procurator in self investigation cases, to hunt down fugitive suspects, the arrest warrant issued in their area

22A middle school student Wu (16Years old) was put in the drug trafficking activities, was found in the trafficking process, the public security organ was questioned on the. The following investigation activities in this case is not legal to have (      )

A The Municipal Public Security Bureau decided to send investigators detained Wu, Wang and Li ask

B Wang and Li in order to inform the Wu father to delay time, began to third days detention after interrogation

C Wu asked to hire a lawyer to sue, Wang and Li to the investigation of the case materials and the opinion should be kept secret for discussion after the decision

D City Public Security Bureau leadership agreed to Wu's request, and through the local lawyers association, Bar Association recommended a lawyer to provide legal advice

23In order to determine the rape victim Zhang by the violence, the investigators to make personal check on her, which of the following statements is true (      )

A If Zhang refused to check, can be forced to check on her

B If Zhang refused to check, shall not be forced to check on her

C If Zhang agreed to check, can be examined by a physician

D If Zhang agreed to check, can be checked by female officers

24In a criminal case, the investigation organ through the efforts, to collect a lot of evidence, the evidence is not likely to be the direct evidence of a (      )

A Dagger                         BFingerprint

C Footprint                         DConfession

25Criminal procedure in China to include (      )

A Direct service and delivered to           BLien service

C Client service                     DThe mail delivery

26The judiciary in service related litigation documents to the recipient, if the recipient is not in (      )

A Should lien service

B Can give his family collection

C Can be given to an adult member of his family collection

D Can be handed over to his unit is responsible for collecting

27The following measures, are not subject to compulsory measures in criminal procedure in our country have (      )

A Security detention                    BCitizens over

C Summon                        DA review

28The public security organs in the investigation of a robbery, collect a lot of evidence, the evidence belongs not only to the direct evidence and belongs to the primitive evidence (with      )

A Witnesses stated on the crime process

B With the crime

C The suspect his confession

D The victim's own statement

29In a criminal case, did not witness the following personnel have (      )

A A person without capacity                BLimited capacity

C Cannot properly express themselves            DCan not distinguish between right and wrong

30In the course of the investigation, from which of the following personnel by the public security organs at and above the county level shall decide

(      )

A Investigation personnel                    BJian Dingren

C Record                      DTranslators

31A government employee. Zhang, for suspected espionage by the relevant departments for investigation, and then arrested. The following statement is correct (      )

A In this case by the public security organ for investigation

B The case by the people's Procuratorate investigation

C The approval of arrest by the people's Procuratorate Wang

DOf Wang's arrest by the public security organ to perform

32A diplomat is a country Embassy in Beijing, suspected of a crime according to the law of our country should be investigated for criminal responsibility, but the diplomats in accordance with the relevant international treaties and law of our country enjoys diplomatic immunity, the suspected criminal problem, China (      )

A Should be resolved through international judicial institutions       BShould be resolved through diplomatic channels

C Should be resolved by the United Nations            CShould abandon the jurisdiction over the case

33Technical authentication center of certain university evidence Teacher He, by the Municipal Public Security Bureau to hire, a criminal case for technical appraisal. So in the litigation process of this case, has the responsibility to ensure Teacher He litigation rights department (      )

AHe was commissioned by the identification of the Municipal Public Security Bureau   BBe responsible for the supervision of investigation Procuratorate

CThe people's court in the trial of cases   DThe people's court, the people's Procuratorate and the Public Security Bureau

34In case of intentional injury, Xiao Li is Sally used sticks wounding, Doctor Wang to Xiao Li's injury were identified, the public security organs have also made the scene witnessed the human small summer testimony. Xiao Li and Xiao Xia were minors. In this case, belonging to a party to the case is (     )

A Xiao Li and Xiao Zhang                      BXiao Li's parents and his parents

C The small summer                            DDoctor Wang

35Directly responsible for a State-Owned Company executives in armour, signed a commercial contract process, because of serious irresponsibility and cheated, resulting in serious losses to state interests. In this case, by which an organ directly accept (     )

ABy the public security organ for investigation

BBy the people's Procuratorate investigation

CThe people's court shall directly handle

DIf the facts are clear, handled directly by the people's courts, or by the public security organ for investigation.

36A case of joint crime, the principal Ding live place, the implementation of crime in another place, partner Wang and Chen were living C and at once, the case under the jurisdiction of the public security organs is (     )

A A                            BB

C A third                            DDing Di

37Which of the following does not belong to the applicable personnel challenged personnel (     )

A The people's jury                      BWitness

C Translators                        DIdentification of personnel

38A is a public security organ forensic, court trial in criminal case, a court was employed as the identification of the case. But in this case the defendant was a proposed withdrawal application. In accordance with the relevant regulations, have the right to decide whether to avoid a is (     )

A The head of a public security organ                  BPresident of the people's court

C In the case of the collegiate bench                    DIn the case of the collegial panel judge

39A is a victim of robbery, in the stage of investigation of the case, a filing some investigators avoidance,

But was rejected, therefore, a can (     )

A To the people's court representations

B The application for a review to the people's Procuratorate

C To make a decision organ for reconsideration once

D To make a decision shall apply to a review

40The criminal proceedings in our country, the parties to apply for withdrawal of the relevant personnel, not suspend litigation procedure is (     )

A The investigation procedure                       BProsecution procedure

C Trial procedure                       DExecutive program

41A Public Security Bureau Criminal Police Team a leader because of suspected to mandate the use of illegal detention of a person by the people's Procuratorate investigation department transferred to the hospital for examination and prosecution department for examination and prosecution, the prosecution to the people's court. In this case, the captain of the intends to entrust a defender, he is from what time has the right (     )

A Since the case to the people's Procuratorate date

B Since it was the first interrogation or take coercive measures after the date

C Since the case by the people's Procuratorate investigation department transferred to the prosecution department date

D Since the case of the prosecution to the people's court date

42A number of suspects or defendants entrusted a defender, should be (     )

A Only a      BCan be two

C Only two      DThe suspect most commissioned a, the defendant may entrust two

43Criminal Police Brigade County Public Security Bureau received a report, found a body floating on the surface of the water in a reservoir. The police team immediately sent to the scene investigation, inspection, to collect evidence. According to the regulations of the public security personnel to collect evidence to prove the facts of the case to what extent, the public security organ shall be the case on file for investigation (     )

A The facts of a crime and criminal responsibility

B Have a clear criminal suspects

C Shall be sentenced penalty above

D The criminal facts are clear, evidence really fully

44The basic attribute of evidence does not belong to the following options are (in     )

A Objectivity                          BRelevance

C Legitimacy                          DExclusiveness

45A factory warehouse stolen, to find and extract the footprints of the depth from the scene, the sole pattern, as well as cigarette butts, ask: in this case, belonging to the evidence is (     )

A Only cigarette                           BOnly the depth and cigarette butts

C The footprints of depth, cigarette butts and the sole pattern     DOnly cigarette butts and sole pattern

46The scene together the water floater case, investigators found a suicide note, according to a note written content, the investigators concluded that the family, identity, at the same time, according to the handwriting identification, inferred from the families of the deceased, identity, at the same time, according to the handwriting identification, deduced that this letter is really dead write. For the case of suicide, what kind of evidence (     )

A Documentary evidence                           BEvidence

C Both belong to the physical evidence and documentary evidence to           DThe statement of victims

47A with10Old son B went to the market to buy food. Buy meat at the Butcher at a time, due to a dispute with the owner, in meat weight and melee, a stall with a knife fight more, causing facial fractures, brain damage. In this case a son is (b     )

A Witness                           BThe victim

C Witness                         DBoth the victim and witness

48Types of evidence, with its external shape, material characteristics, exist to prove the facts of the case evidence (     )

A Evidence                           BDocumentary evidence

C Expert conclusion                        DRecord of investigation, inspection

49A a B seriously wounded after a public security organ in accordance with the law, was detained in advance. In the interrogation, a report to the public security organs confession implementation seriously to B behavior, that a statement is true, the statement a, belonging to the classification of evidence (in     )

A Evidence of guilt                      BEvidence of innocence

C Is the evidence of guilt, is evidence of innocence    DPhysical evidence

50A public places in the fight to minor injuries, I was caught on the spot, and by the public security organ shall custody. Later, the public security organ decided to implement the bail on nail, the nail should (     )

A To provide a guarantor                    BPay a deposit

C To provide a guarantor or to pay a deposit        DTo provide a guarantor and pay the deposit

51The following shall not object is (bail     )

A The principal criminal group                BAccessory criminal group

C The suspect of crime of traffic accident          DThe crime of embezzlement crime suspects

52A theft arrested for involvement in public security organs in accordance with the law, because a difficult family life and family burden on his people support, parents and his wife have no income. The public security organs after review, a can be released on bail pending trial, so can be used as a guarantor is (     )

A A sister already marry and settle down        BA wife

C A parents                      DA not yet ye son

53Summon duration shall not exceed (     )

A 24Hours                       B 12Hours

C 8Hours                        D 48Hours

54In the following situations in which one, any citizen can immediately be reported to the public prosecutor, the legislature (     )

A A major crime suspects           BDon't tell the true name, address, identity is unknown

C Crime is discovered immediately after       DFound evidence of a crime in the side

55Detention of criminal suspects, should fill out the "petition detention report", issued a "warrant" have the right to issue a detention warrant is (     )

ADirector of the police station                   BThe public security organ at or above the county level shall be responsible for the people

C The chief prosecutor                DThe president of the court

56A suspicion of fraud by the public security organ for investigation. In the period of investigation, the public security organ decides to a residential surveillance. There was his own house in the county, and my family, in the residential surveillance measures are taken, not to leave (a     )

A Their homes                    BTheir own living County

C His work unit               DIn the street

57A residential district of a discovery often selling commodities in the area B. the theft, he can report to the relevant authorities, the following report (     )

A Police                 BThe people's Procuratorate

C The people's court                 DThe public security organs, people's Procuratorate or the people's court

58A headless corpse was found in an area, after the preliminary confirmation, the body belongs to him rather than Dutch act. But the public security organ because no other clues, feel the case detection work may be more difficult, so has not filed. Procuratorate to the Public Security Bureau (behavior can     )

ARequest the public security organ shall transfer the case to the people's Procuratorate

BRequest the public security organ immediately

CThe public security organs that do not file a reason, reason not established, notify the registration

DThe public security organs that do not file a reason, reason not established, suggest it as soon as possible case

59A case of intentional injury witnesses scene together. The public security organs of the investigation process, need a certificate issued by the testimony of witnesses, the investigators, which of the following is not in accordance with the law

(     )

A To a unit to ask questions             BTo ask a to a place

C Notice a to the public security bureau to provide testimony       DNotice to a party hostel provides testimony

60Wang suspicion of robbery, by the public security organ for investigation. In the course of the investigation, Wang Mou puts forward to want to hire a lawyer, in this regard, the following statement is correct (     )

A The stage of investigation, Wang Mou has no right to hire a lawyer

B Wang Mou to hire a lawyer to lawyer charge after approval of the administrative organ

C Wang without approval shall have the right to hire a lawyer

D Wang lawyers need to go through the approval of the public security organ

 

The criminal procedure law answers to review questions

 

A, judge a problem:

1, *  2, √  3, *  4, *  5, *  6, √  7, *  8,* 

9, √  10,*  11,*  12,√  13,√  14,*  15,*  16,√ 

17,*  18,*  19,√  20,*  21,*  22,*  23,√  24,* 

25,*  26,*  27,√  28,*  29,*  30,*  31,*  32,* 

33,√  34,*  35,*  36,*  37,√  38,*  39,*  40,* 

41,*  42,√  43,*  44,*  45,*  46,√  47,*  48,* 

49,*  50,√ 

Two, uncertain item choice:

1, AC    2,ABC   3,ABD   4,ABC    5,ACD   6, BD    7, CD 

8, ABCD  9,BCD  10,ABD  11,AD    12,ACD  13,AD    14,ABD 

15,ABC  16,CD   17,CD   18,BD    19,BC   20,AD    21,ACD 

22,BC   23,BCD  24,ABC  25,ABCD  26,CD   27,ABCD  28,ACD 

29,CD   30,ABCD  31,C 32,B 33,D 34,A  35, A  36,B 

37,B   38,B    39,D  40,A   41,C  42,B  43,A   44,D 

45,C   46,C    47,A  48,A   49,A  50,C  51,A   52,A 

53,B  54,C     55,B  56,A   57,D  58,C  59,D   60,C