The national judicial examination in 2008 second volumes of the criminal procedure law answer reference questions ("son of Liu Zhongxin loess ridge in" self testing version) -- Part 1 multiple choice questions

 

                                 Liu Zhongxin

 

   (Note: the answer is I self testing provides the answer, not the Ministry of justice on 25 August 8 a.m. published standard answer, publish my own answers the purpose is as follows: first, learn from the experts, so as to make up for their lack of knowledge, but also for after 25, to the Department of justice objections to prepare the work; second, to test my own knowledge, to verify whether or not I have a judicial examination training teacher qualifications, but also to make sure I'm in the training process ever misled my students and whether there is never mentioned the knowledge point.)

 

   General situation: in 2007 the judicial examination in criminal procedure law, part of a total of 18 multiple-choice, 14 multiple-choice questions, 3 uncertain item choice, 1 case for error, a total of 72 points. The just concluded yesterday, judicial examination in 2008, the criminal procedure law consists of 18 multiple-choice, 14 multiple-choice questions, 3 uncertain item choice, 1 case study (is the simple case of relatively simple problems, instead of the common a little more difficult case to find error), total score a total of 72 points, and the total score was flat in 2007.

As part of this year, the criminal procedure law according to the title, title style, I guess is the vice president Professor Gu Yongzhong of the China University of Political Science and Law doctoral tutor, China University of Political Science and Law Institute of procedural law (there is no confirmation to the Miss Gu), because the71QuestionsACharacteristics of the option embodies the criminal law and criminal procedure law combined with Mrs Gu, the last century ninety's has taught at China University of Political Science and Law, over ten years of "criminal law" course is inseparable.

 

   Paper two

   A, single choice

   21 Zhang, a person, Chinese B ocean shipping company "dawn" cargo ship. "Dawn" sailing on the high seas, Zhang with another crew Lee quarrel the seriously wounded. The ship returned to Chinese C first berth port, Zhang took the opportunity to escape, was caught after Ding city. The case should be determined by which of the following is the exercise of jurisdiction by the court?

A court in the city of A.

B. B city court

The court C C.

   The court Ding City D.

   Reference answer: C

   D: jurisdiction in China field China ship within the criminal case area

   Analytical:

   Basis: the provisions on some problems in the implementation of "the people's Republic of China Criminal Procedure Law" interpretation of the Supreme People's court "article eighth: in areas outside the people's Republic of China Chinese crimes within the jurisdiction of the ship, where the people's court by the crime occurred after the ship first docked at the port of Chinese." The problem for "Zhang took the opportunity to flee, after comparing the city was captured in Ding" statements has confused, will allow candidates to mistakenly think that this test is based on the Supreme People's Court on some problems in the implementation of "the people's Republic of China Criminal Procedure Law" interpretation of fourteenth: "we are serving a sentence in the judgment is pronounced before the other crime without trial, under the jurisdiction of the people's court; if the criminals or people's court found the main criminal crime jurisdiction is more appropriate, can be served or the people's court found the main criminal crime jurisdiction. Is serving a sentence in prison and crime, under the jurisdiction of the people's court sentenced by the. Criminals serving sentences in the escape during the crime, if it is in the crime to capture and found under the jurisdiction of the people's court, the crime; if it is to be busting escorted back to prison after the discovery of the criminals, the jurisdiction of the people's court." Note: the Supreme People's Court on some problems in the implementation of "the people's Republic of China Criminal Procedure Law" interpretation fourteenth shall apply to "the criminal in prison", to solve "the criminal in prison" leakage "crime" or "the new crime" problem, this is not the case.

22 according to the "Criminal Procedure Law" and judicial interpretation concerned, which of the following is not recalculate the deadline?

A. supplementary investigation is completed after the time limit for examination and prosecution

B. found that investigation detain deadline crimes suspect another important post

C. processing the application for withdrawal after the trial period

D.'s Procuratorate for supplementary investigation has to the court to continue hearing trial period

   Reference answer: C

   D: re calculation period

   Analytical:

On the basis of: "criminal procedural law" the 165th stipulation: "during the court trial, under any of the following circumstances, affecting the conduct of the trial, hearing may be postponed: (a) need to summon new witnesses, obtain new material evidence, re examination or inspection; (two) the prosecutors found a public prosecution the need for supplementary investigation, put forward proposals; (three) the parties apply for withdrawal trial cannot proceed." Visible, the C item in the "deal with the parties to apply for the withdrawal of the court after trial period" and can not be re calculated, only during processing the application for withdrawal, the court hearing may be postponed.

   The A option is not too strict for supplementary investigation, examination prosecution stage into the supplemental investigation and its supplementary investigation, only in the supplemental investigation after the time limit for examination and prosecution is re calculated, if the procuratorate to supplementary investigation, so there are no self supplementary investigation after re calculate the time limit for examination and prosecution problem in the procuratorate, the procuratorate for supplementary investigation because itself must be completed within the time limit for examination and prosecution, the people's Procuratorate is based on the "code of criminal procedure" 269th "Procuratorate in the process of review and prosecution decided its own investigation, review and prosecution shall be completed in the period of investigation."

23 on the "handle" of the case and the case of private prosecution, which of the following statements are true?

A. cases of private prosecution shall be handled only cases

B. handle cases of private prosecution

C. told the cases and cases of private prosecution before processing, merely different, the same meaning

   D. told it doesn't matter between the case and the private prosecution cases before treatment two

   Reference answer: B

   D: Tell cases and cases of private prosecution to the

   Analytical:

   On the basis of: "Criminal Procedure Law" 170th article: "cases of private prosecution include the following: (a) to be handled the cases; (two) the victim has evidence to prove that they are minor criminal cases; (three) the victim have evidence to prove that the defendant infringed upon his people, Property Rights Act shall be investigated for criminal responsibility according to law, but the public security organ or the people's procuratorates do not investigate the criminal responsibility of the accused person's case."

   Let me excited, if I compiled in 2007 in the judicial training school and explain the "100 questions refining" (2007 version) part of the criminal procedure law of seventh questions is almost exactly the same, do not know in 2007 in the school heard my lecture dear classmates is not remember this question. In this list the questions for you contrast:

    "A hundred questions refining" (2007 Edition) part in the criminal procedure law:

   7, the Chinese criminal law stipulates certain crimes "handle", the criminal procedure law in the provisions of the private prosecution cases. A title of a school exam for the "relationship" of private prosecution and told to handling of the case, the following four answer points candidates, right there ()?

   A, a case of private prosecution is to be handled the cases

   B, tell just processing cases of private prosecution

   C, tell just processing and private prosecution, only another name, the meaning is the same

   D, tell the cases and cases of private prosecution to handle the different meanings, it doesn't matter between any two

   7, [answer] B

  [relationship] when I test cases of private prosecution and tell just processing of cases.

  [analysis] private prosecution has three kinds, that case is just one type. Therefore, only the B right.

24 a detention officers on suspicion of abuse by the regulation a, B was placed on file for investigation. During the period of review and prosecution, A grassroots's Procuratorate think a plot remarkable slight, does not constitute a crime, and for not prosecuting. About the decisions, which one of the following statements are true?

A. the public security organs have the right to apply for reconsideration review

B. would have the right to appeal the decision's Procuratorate

C. B has the right to appeal to a higher people's Procuratorate

   The D. complaint, superior procuratorate upholds the decision not to initiate a prosecution, B can bring a private prosecution to the court

   Reference answer: C

   D: to remedy the decision not to initiate a prosecution

   Analysis: "criminal procedural law" the 144th stipulation: "the public security organs for prosecution, the people's Procuratorate decides not to initiate prosecution, shall make the decision not to prosecute to the public security organ. The public security organ considers that the decision not to initiate a prosecution to be incorrect, it may request a reconsideration, and if the opinion is not accepted, it may apply to the people's Procuratorate at the next higher level for review." Therefore, the public security organs have the right to apply for reconsideration review decision limited to "public security organs for prosecution not to prosecute". According to the "second rule of the Supreme People's court, the Supreme People's Procuratorate, the Ministry of public security, the Ministry of state security, the Ministry of justice, Law Committee of the NPC Standing Committee on the implementation of the criminal procedure law", "criminal law fourth chapter 248th provisions of the regulators, corporal punishment, abuse of beating the detained person shall be under the jurisdiction of the crime, the people's procuratorate." The supervision personnel beating, corporal punishment, abuse of supervision of public security organs should not the case on file for investigation, so in the case of the public security organ has no right to apply for reconsideration review. A error.

   B error reason is, man is the person who is not to be prosecuted, and is not to be prosecuted only for non prosecution decision to appeal to the procuratorate, the decision not to initiate a prosecution is in legal non prosecution decision, therefore, one has no right to appeal.

   D error reason is the case does not fall within the jurisdiction of the intermediate people's court cases, and therefore can not apply to the intermediate people's Court of appeals, the B after the appeal, superior procuratorate upholds the decision not to initiate a prosecution, B can bring a private prosecution to the court of the land.

 

    Even more exciting is, the criminal procedure law subject and I in September 2nd this year, the Shijiazhuang branch, the Zhengzhou branch in September 4th, September 9th in Kunming, Yunnan Province High Court judicial training class about sprint second multiple-choice questions thirteenth part almost exactly the same, do not know the three heard my day the lecture the students if there is an impression. In this list the questions for you contrast:

   Two, multiple choice questions

   13, a prison officers on suspicion of abuse armour, the detained person B is placed on file for investigation. During the period in the basic level people's Procuratorate prosecution, A found a plot remarkable slight, harmless, do not think that is a crime, and for not prosecuting. The decision not to initiate a prosecution, the following approach is correct: ()

   A, the public security organs have the right to apply for reconsideration review

   B, a has the right to appeal the decision of a people's Procuratorate

   C, B has the right to appeal to the people's Procuratorate at the next higher level

   D, after the appeal, superior procuratorate upholds the decision not to initiate a prosecution, B can bring a private prosecution to the court of the land

   Answer: CD

   Analysis and explanation:

   About this question, we should make clear, the decision not to initiate a prosecution belongs to the legal non prosecution, according to the provisions of article 146th of the criminal procedure law, only in the non prosecution cases, is not to prosecute the personnel have the right of appeal, so the question is not to be prosecuted in a does not have this right.

   Because this case is not a public security organ for examination and prosecution cases. Therefore, the decision not to initiate a prosecution, the public security organ shall not have the right to apply for relief.

   In addition, according to the provisions of Article 145, the victim may appeal to the people's Procuratorate at the next higher level. However, the people's Procuratorate at a higher level to maintain the decision not to initiate a prosecution, the victim shall follow the provisions about the private prosecution, trial jurisdiction, filed in court.

25 Zhao suspected revenge against a crime by procuratorial organs placed on file for investigation, the investigation will end, Zhao that is responsible for handling the case investigators Cai is the victim's brother, then apply for his withdrawal. Attorney general review by a withdrawal decision made cai. For a CAI in the investigation stage to collect evidence, which of the following statements are true?

A. should be excluded, shall not be used as determined in accordance with the case

B. by the investigation department procuratorial organs responsible person according to decide

C. by the Procuratorial Committee procurator or according to the specific situation of the case decision

   D. during the trial, the people's court according to the specific situation of the case judgment

Reference answer: C

   Venue: the avoidance system

   Analytical:

   According to the "rules": the people's Procuratorate criminal procedure thirtieth stipulates: "the procuratorial personnel and to avoid in line with the case law of criminal procedure twenty-eighth or twenty-ninth stipulation, acts of the litigation before the decision on withdrawal of the evidence and is effective, by the Procuratorial Committee procurator or according to the specific situation of the case decision."

   If I am in the concise compilation and evaluation of school "100 questions" (2008 version) part of the criminal procedure law of twenty-fourth questions very much the same, do not know this year heard my lecture students this question is whether right. In this list the questions for you contrast:

    "A hundred questions scouring" (2008 Edition) part of the criminal procedure law of twenty-fourth questions:

    24, a case, prosecutors found responsible for examination and prosecution is the victim's brother, decision of the chief prosecutor the prosecutor withdrawal. Then, the prosecutor has to collect evidence, the following statements is correct: ()

   A, can not be used as evidence

   B, should be used as evidence

   C, re evidence by the prosecutor of replacement, as evidence

   D, according to the specific situation of the case by the attorney general to decide whether to use as evidence

  [answer] D

  [D] the challenge system

  [analysis] "the people's Procuratorate rules of criminal procedure" thirtieth: "the procuratorial personnel and to avoid in line with the case law of criminal procedure twenty-eighth or twenty-ninth stipulation, acts of the litigation before the decision on withdrawal of the evidence and whether it is effective, by the Procuratorial Committee procurator or according to the specific situation of the case decision."

   Before the decision on withdrawal of the evidence and the lawsuit behavior of the validity of the public security organ was decided: the avoidance of the responsible person, the investigators, identification, recording and translators, whether or not effective in proceedings before the decision of withdrawal, decided by the authorities that made the decision according to the circumstances of the case ("public security organs for criminal cases procedure" thirty-third); the procuratorial personnel and to avoid in line with the case law of criminal procedure twenty-eighth or twenty-ninth stipulation, the decision on withdrawal action in front of the evidence and whether it is effective, by the Procuratorial Committee procurator or according to the specific situation of the case decision ("the people's Procuratorate rules of criminal procedure" thirtieth). For the judicial personnel accordingly, there is no specific provisions.

26 on defense, which of the following statements are true?

A. Wang Mou of the accused person at the time of the crime 17 one full year of life, when the trial has over 18 years of age, the court shall appoint one for him

B., the defendant may be sentenced to death, in the trial court to designate a defender. In the process of trial, Li court rejected the defender designated by the court to the other, the designated defender. In the new trial, Lee once again refused to court for their appointed counsel, the collegial panel shall not be permitted to

C. court for foreign defendant Tom (25 years old) of the defender is specified, in the process of trial, Tom refused to the court appointed counsel, proposed to entrust defenders, the court granted, Tom entrust a defender. Trial again, Tom again refused to defend defended requirements, entrust another defender, the collegial panel shall not be permitted to

   D. defendant court refused to defend defended, the court shall allow, announced the postponement of the hearing. Hearing is postponed for a period of ten days, to defend the time included in the time limit

   Reference answer: B

   D: to refuse to defend

   Analysis: A error on the basis of the Supreme People's Court on some problems in the implementation of "the people's Republic of China Criminal Procedure Law" interpretation of thirty-sixth: "if the accused does not entrust a defender and has one of the following cases, the people's court shall appoint one for him: (a) the blind, deaf, dumb or limit behavior the ability of the person; (two) trial of minors under eighteen years of age; (three) may be sentenced to death." Visible, only the "trial" the defendant is a minor under the age of eighteen, the court should designate defense. A error.

   B right, CD two the wrong reasons are the Supreme People's Court on some problems in the implementation of "the people's Republic of China Criminal Procedure Law" interpretation of 165th: "the defendant in court refused to defend defended requirements, entrust another defender, ought to agree, and announced the postponement of the hearing. The defendant to request the people's court shall appoint lawyers, the collegial panel agreed, shall announce the postponement of the hearing. The re trial, the defendant in court again refused to entrust defenders or the people's court appointed defense lawyer, the collegial panel shall respectively dealt with: (a) the defendant is an adult, can permit. But the defendant shall not entrust another defender, the people's court shall specify no lawyer, the defendant can defend oneself; (two) the defendant with the interpretation of the provisions of article thirty-sixth of the circumstances, shall not be permitted to. According to the interpretation of article 164th, the provisions of the two paragraph of this article, entrust, specify the counsel or attorney, since the case announced the postponement of the hearing date until tenth date, to defend the time not included in the time limit." The court in C entry permit, but the defendant shall not entrust another defender, the people's court shall specify no lawyer, the defendant can defend oneself; D in defense time not included in the time limit.

27 according to the "law of criminal procedure", the following shall have the right to entrust agent?

A., the alleged rape of the defendant's father

B. robbery victim's sister

The younger brother of incidental civil C. defendants in the case of injury

D. abuse case prosecutor's younger sister

  Reference answer: B

  D: subjects have the right to entrust agents ad litem

  Analytical:

   "Criminal Procedure Law" eighty-second article: "the following terms used in this Law means:...... (five) "agent" refers to the victim in a case of public prosecution and their legal representatives or near relatives in a case of private prosecution, the prosecutor and his legal agent entrusted to participate in litigation of the people and the party in an incidental civil action and the legal agent entrusted to participate in litigation of the people; (six) "close relatives" refers to the husband, wife father, mother, son, daughter, sister, brother." In visible, near relatives, only a case of public prosecution, the victim's close relatives to entrust agents ad litem, private prosecution of private prosecution case of close relatives, and a party in an incidental civil action close relatives are not entitled to entrust agents ad litem.

28 about the court may decide to take compulsory summon the criminal compulsory measures on what people, which of the following statements are true?

A. a company suspected of producing, selling fake or substandard products, as the litigation representative the company and refused to appear in court by a high

The defendant in custody Chen non B. robbery in

C. theft than the criminal suspect in custody Lu Mou

D. bribery case refused to appear in court Witness Lee

   Reference answer: A

   D: Summon

   Analytical:

   A the correct basis: the Supreme People's Court on some problems in the implementation of "the people's Republic of China Law of criminal procedure" explanation: "210th representative unit defendant received notice of appearance of the people should appear in court. Refuses to appear in court, the people's court when necessary, can summon to appear in court."

   Mr C in a is also called "suspect", indicates that the case has not yet entered the trial stage, the court could not summon Lu mou.

   Summon applies only to criminal suspects, defendants, D item in the Lee is the witness, so D error.

  I think, this B not too rigorous, B may be correct, because the defendant in custody Chen non B robbery may also be compulsory summon, according to the Supreme People's Court on some problems in the implementation of "the people's Republic of China Criminal Procedure Law" interpretation of the first paragraph of article sixty-fourth: "the law summons, refuses to appear in court without proper reason, or according to the circumstances of the case is the defendant need to summon, may summon."

29 some electronic technology limited company was indicted on suspicion of the crime of falsely making out special invoices for value-added tax, the company chairman, general manager, accounting and other 5 were identified as personnel directly responsible for the crime unit. In court, the company cancelled. Treatment of court, which of the following statements are true?

A. went on trial

The B. trial termination

Termination of the C. trial, the prosecution of the company chairman, suggested that the general manager, accounting, be prosecuted

D. returned to the procuratorial organs, procuratorial suggestion organs on the company board chairman and general manager, and accounting, be prosecuted

   Reference answer: A

   Venue: the unit crime trial procedure

   Analytical:

   Basis: the Supreme People's Court on some problems in the implementation of "the people's Republic of China Criminal Procedure Law" the 215th interpretation: "people's Court of unit crime, the unit is cancelled or declared bankrupt, but the person in charge directly responsible for unit crime and other personnel directly responsible shall bear criminal responsibility, shall continue the trial."

30 a bank stolen, the investigation organ will Shen identified as suspects. In the identification, a "meritorious service dogs" in case the bank around the smell, pounced on the shen. Subsequently, the investigators to Shen a psychological test, the test results show that, as long as the suspect said didn't steal, lie detector shows the lie. On whether as determined in accordance with the case, which of the following statements are true?

A. dog identification and psychological test result can be

B. dog identification, psychological test result can not

C. dog can't be, psychological test result can

D. dog identification and psychological test result can not

   Reference answer: D

   D: types of legal evidence

   Analysis: "the evidence materials that do not meet the seven types of evidence in Criminal Procedure Law" provisions of article forty-second, are not as determined in accordance with the case. So D right. According to the "Regulations": Reply of the Supreme People's Procuratorate on CPS - psychological test conclusion can be used as evidence in litigation problems: "CPS multi psychological test (commonly known as the Polygraph) appraisal conclusion provisions of appraisal conclusion and the law of criminal procedure, the types of evidence does not belong to the provisions of the criminal procedure law. The people's Procuratorate, you can use the CPS multi psychological test conclusion help examine and judge evidence, but not the CPS - psychological test conclusion as evidence."

   There are beyond the scope of the program.