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) -- multiple-choice item 2

 

                                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.)

 

   31 the court found during the trial the defendant a burglary case, one in the implementation of crime, to escape arrest has hurt the victim to violence. On the practice of the court, which of the following statements are true?

A. suggested that the procuratorial organs for supplementary investigation

B. suggested that the procuratorial organs change prosecution

C. suggested that the procuratorial organ to withdraw the prosecution

   D. should be allowed to the supplementary investigation

   Reference answer: B

   D: supplementary prosecution and the change of charges

   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 178th: the discovery of new facts in the trial courts, may affect the conviction, should be recommended to the people's Procuratorate for supplementary or change the prosecution; the people's Procuratorate does not approve, the people's court shall prosecute criminal facts this interpretation, in accordance with the relevant provisions of article 176th of the judgment according to law."

    Let me happy 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 part multiple-choice questions fifteenth sites are 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:

   (multiple choice) Zheng also suspected of robbery, 15, the court of first instance found in the trial process of Zheng on suspicion of theft case, the people's court should be how to deal with? ()

   A, the people's court shall recommend the people's Procuratorate for supplementary investigation

   B, the people's court shall recommend the people's Procuratorate for supplementary prosecution

   C, the people's court shall recommend the people's Procuratorate change prosecution

   D, if the people's Procuratorate does not agree with the people's court, the people's court shall robbery and theft are trial

   Venue: the trial to discover new facts on how to handle

   Answer: B, C

   On the basis of: "the supreme law" 178th article: "the discovery of new facts in the trial courts, may affect the conviction, should be recommended to the people's Procuratorate for supplementary or change the prosecution; the people's Procuratorate does not approve, the people's court shall prosecute the facts of a crime, in accordance with relevant provisions of the interpretation of article 176th of judgment according to law."

32 the following cases can make guilty which option?

A. a confessed he raped B, B denied, the case no other evidence

B. a as B raped his firmly denied that the case, B, no other evidence

C., a unit of 300000 yuan of funds to an unknown destination, accounting for the said, the Secretary said accounting with no other evidence, the case

D. B two people did not seek, their ambush, almost at the same time to shoot a bullet out C, C body, and confessed their crime pleaded guilty, but the evidence is difficult to ascertain the gun exactly is who

   Reference answer: D

   D: make guilty conditions

   Analytical:

   On the basis of: "Criminal Procedure Law": "forty-sixth of all cases are to be sentenced to the weight of evidence, investigation and study, not credulous. Only the accused confessed, no other evidence, not the defendant is found guilty and sentenced to a criminal punishment; without the confession of the accused, the evidence is sufficient and reliable, can be found the defendant guilty and sentenced to a criminal punishment." So ABC three mistakes.

33 armor will deploy the submarine illegal for a famous foreign military magazine. During the trial, the court decided to release on bail. On the implementation organ of a guarantor pending trial, which of the following statements are true?

A. court

B. the public security organs

C. the security departments of the army

D. a state security organ

   Reference answer: D

   Venue: the executing organ bail

   Analytical:

   Basis: the Supreme People's court, the Supreme People's Procuratorate, the Ministry of public security, the Ministry of state security "rules" about some problems of bail of second: "the suspect, the defendant on bail, by the public security organ, the state security organs, people's Procuratorate, the people's court according to the specific circumstances of the case made the decision according to law. The public security organs, people's Procuratorate, the people's court decided to bail, executed by a public security organ. The state security organs decided to bail, and the people's Procuratorate, the decision of a people's court to the state security organs in handling criminal cases, bail, executed by the state security organ."

   I think the title is topic and ideas that the case belongs to the crime of endangering national security cases, so you should choose D. But, obviously, this problem is not strict, because the case is not necessarily the crime of endangering national security cases. A crime may belong to the "criminal law" in article 111st for overseas illegally providing state secrets, intelligence crime (Crime of endangering national security), may also belong to "criminal law" the provisions of article 431st for illegal overseas military secrets (military offences). The two crimes have similarities: both are for overseas institutions, organizations, personnel illegally providing state secrets; behavior were illegally providing. The main difference between the two is: as the object of overseas illegally providing military secrets is the national military secrets, object illegally providing state secrets to overseas, intelligence crime is state secrets or intelligence (but do not rule out military secrets); as the main crime overseas illegally providing military secrets of military personnel, the subject of the crime of illegal overseas providing state secrets, intelligence crime is general subject. Therefore, military personnel for overseas institutions, organizations, personnel illegally providing military secrets outside the state secrets, intelligence, and ordinary citizens for overseas institutions, organizations, personnel illegally providing state military secret, only the establishment of "criminal law" article 111st for illegal overseas providing state secrets, intelligence crime. This work does not show a Is it right? Military personnel, so not precise. If a is a military personnel, then constitute a "criminal law" the provisions of article 431st for illegal overseas military secrets (military crimes), the cause of the security departments of the army investigation, bail may not by the state security organ to perform. If a is not a military personnel, then constitute a "criminal law" in article 111st for overseas illegally providing state secrets, intelligence crime, the cause of the state security organs for investigation, bail is performed by the state security organ.

About 34 should be changed to bail, residential surveillance or cancellation of the compulsory measures, which of the following statements are true?

A. found a was arrested after suffering from a serious disease

After the inspection is pregnant after the arrest of B. B

C. C was arrested after investigation detain deadline expires shall continue to be verified

D. Ding was arrested after the court of First Instance sentenced to 1 years probation for 2 years, has not yet happened validity judgment

   Reference answer: C

   Point: the scope of bail, residential surveillance

   Analytical:

   On the basis of: "criminal procedural law" the sixtieth paragraph second: "should be arrested the suspect, the defendant, if suffering from the serious disease, or are pregnant, breast-feeding her own baby, can use the bail pending trial or residential surveillance."

  "Criminal Procedure Law" seventy-fourth article: "the suspect, the defendant in custody cases, not in custody, in the investigation of the provisions of this law, a trial period of review and prosecution, trial Banjie, require continued investigation, trial, the criminal suspect, the defendant can bail or residential surveillance."

  "Criminal Procedure Law" seventy-fifth article: "the suspect, the defendant or his legal representative, close relative or criminal suspects and defendants, the lawyers and other defenders entrusted to the people's court, the people's Procuratorate or public security organs to take coercive measures to exceed the time limit of the law, have the right to request the cancellation of the compulsory measures. The people's court, people's Procuratorate or a public security organ for criminal suspects, defendants are compulsory measures exceeding the prescribed time limit, shall release the lifting bail, residential surveillance or alteration of the compulsory measures according to law."

   The Supreme People's Court on some problems in the implementation of "the people's Republic of China Criminal Procedure Law" the 355th interpretation: "the people's Court of First Instance sentenced to criminal detention or fixed-term declared criminal probation, not legally effective judgment, not immediately executed. If the probation criminals in custody, the people's Court of first instance shall perform coercive measures to make a change, changed to residential surveillance or bail, and the public security organs immediately notify. The judgment shall be legally effective, legal documents to the local public security organ."

35 A to B seriously, to collect the following evidence, which belongs to the direct evidence, which is also belongs to the original evidence?

A. has victim blood Dagger

B. witnesses saw blood a body, from the scene out of testimony

Conclusion C. dagger on left fingerprints and a fingerprint of the same

D. B statement of a hurt yourself process

   Reference answer: D

   D: classification of evidence

   Analysis: ABC three in spite of all the original evidence, but they are not direct evidence.

36 on the stage of review and prosecution, the criminal suspect to death, but the suspect deposit, remittance shall be confiscated according to law, which of the following statements are true?

A. by the people's Procuratorate shall make a decision not to prosecute suspects, and confiscated deposit turned over to the state treasury, or returned to the victim

B. by the Procuratorate made to withdraw the case decision, and the confiscation of criminal suspects deposit turned over to the state treasury, or returned to the victim

C. by the procuratorate to decide not to initiate a prosecution, inform the financial institution and apply to the court for an order freezing the suspect deposit, remittance turned over to the state treasury or returned to the victim

D. by the Procuratorate made to withdraw the case decision, and apply to the court for an order to inform the financial institution to freeze the suspect deposit, remittance turned over to the state treasury or returned to the victims

   Reference answer: C

   D: has the legal situation does not pursue the principles of criminal responsibility, handling the seized, frozen on the property

   Analytical:

   On the basis of: "Criminal Procedure Law" Fifteenth article: "in any of the following circumstances, no criminal responsibility, have been held, it shall revoke the case, or not to prosecute, or termination of the trial, or acquittal: (a) plot remarkable slight, little harm, not deemed as a crime; (two) of prescription of prosecution of crime the term has expired; (three) the amnesty punishment; (four) in accordance with the criminal law that crime, tell or withdraw told not; (five) the suspect, the defendant's death; (six) other laws provide an exemption from investigation of criminal responsibility."

   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 relevant issues concerning the implementation of the criminal procedure law of nineteenth: 117th of the criminal procedural law stipulates: "the people's Procuratorate, the public security organ according to the investigation of a crime, you can query, freeze criminal suspects in accordance with the provisions deposit, remittance." According to this provision, the people's Procuratorate, the public security organs cannot deduct the deposit, remittance, the suspect killed in the investigation, the examination and prosecution, the suspect deposit, remittance shall be confiscated or returned to the victims according to law, may apply to a people's court ruled notice freeze criminal suspects, financial institutions deposit money turned over to the state treasury or returned to the victims.

37 which of the following cases, to decide not to initiate a prosecution by the prosecutor decided?

A. suspects a suspicion of the crime of intentional injury, after identification, the victim's damage is slight injury

B. suspect B on suspicion of the crime of intentional injury, after identification, the victim's damage for minor injuries, but minor, and hope not to pursue the criminal responsibility of the B

C. suspects C alleged trespass, identified, C because of wild boar after was forced to break into the house, which belongs to the emergency

D. suspect Ding alleged tax evasion, the case after a supplemental investigation, still facts unclear, insufficient evidence

   Reference answer: A

   D: not to prosecute the difference between legal non prosecution, non prosecution, the evidence is insufficient

   Analytical:

   Basis: "people's Procuratorate criminal litigation rules" the first paragraph of article 286th: "the people's Procuratorate for supplementary investigation cases, still believes that the evidence is insufficient, does not meet the prosecution condition, discussed and decided by the procuratorial committee, may decide not to initiate a prosecution."

"The people's Procuratorate rules" criminal procedure 288th: "a people's Procuratorate conforms to fifteenth cases of criminal procedure law stipulates the situation, upon decision of the chief prosecutor, shall make a decision not to prosecute."

"The people's Procuratorate" criminal procedure rule 289th stipulates: "the people's Procuratorate for minor crimes, in accordance with the criminal law does not require punishment or be exempted from punishment, discussed and decided by the procuratorial committee, may decide not to initiate a prosecution."

38 in accordance with the provisions of China's "criminal law", on court activity sequence arrangement, the following combinations which option is correct?

The reading of records of inspection; ② issuing the indictment by the public prosecutor; ③ interrogating the defendant; the witnesses, authenticators; the material evidence; the defendant last statement.

In the A. and the first 6

In the B. II. 6

C. II and the 1 to 3

   In the first of the D.

   Reference answer: B

   D: order of court activity

   Analytical: