The 1 case: M County Chen, Liu Mou partnership from the county the village young women pay a kidnapping provincial N County, looking for a buyer in N County for, after our introduction to D county money a wife, after paying a to D County Public Security organs. D county public security organs will suspect Chen Mou, Liu mou.

The problem:

1N county public security organs in this case is whether it has jurisdiction? Why? (3 points)

2M county public security organs in this case is whether it has jurisdiction? Why? (3 points)

3.D county public security organs in this case is whether it has jurisdiction? Why? (3 points)

4.D county public security authorities arrested Liu Mouhou Chen, what should you do? (1 points)

Case 1:

1N county public security organs have jurisdiction over the case. (1 points) for criminal cases by public security organs crime principle of jurisdiction. (1) part of trafficking crimes in N county. (1 points)

2.M county public security organs shall also have jurisdiction over the case. (1 points) for criminal cases by public security organs crime principle of jurisdiction. (1) part of the crime of abducting women behavior also occurred in M county. (1 points)

3.D county public security organs no jurisdiction in this case. (1 points) D county is not a crime (1 points), nor the suspect residence. (1 points)

4.D county public security authorities arrested Chen, Liu Mouhou, after review of the facts of the crime, it shall transfer the case to the public security organs jurisdiction to deal with. (1 points)

 

The 2 case:County Public Security Bureau received a report, in the way the people two knife mugging pedestrians, immediately organized the investigation personnel rushed to the scene. When they arrive, highway robbery suspect Zhang Mou (male, 19 years old) and Wang (female, 20 years old) has been under the night pass by here Li and Zhao caught. In this case by the County Public Security Bureau of investigation, according to the decision to take criminal detention measures on Zhang, wang. Zhang lawyers requested a meeting with the criminal suspect, the Public Security Bureau 10 days to arrange the meeting. A victim of money (female, 27 years old) was the suspect Zhang stabbed two times, the investigators personal checks on the need for investigation, to determine the injury situation, but the money a refuse inspection, investigation personnel organization female physicians mandatory for personal check, identified as minor injuries. The investigators head inform Witness Lee, Zhao to the Internal Security Bureau hostel for questioning. Due to the Li, Zhao on the two crime suspect robbery specific factual circumstances statement is not consistent, the investigators to two witnesses were asked, two people to remind each other, complement each other, and finally made a unanimous statement.

The problem:Analysis of improper handling procedure exists in the case, and explain the reasons. (10 points)

Case 2:

1 Zhang lawyer asked to meet with the criminal suspect, the public security bureau should not be 10 days to arrange the meeting. (1) the suspect during the investigation stage lawyer proposed to meet with the criminal suspect, shall arrange to meet in 48 hours. (1 points)

2 investigators in the victim refused to personal checks, not should check the force. (1 points) only to criminal suspects to force a personal check. (1 points)

3 verbally notify the witness is wrong. (1 points) to inform the witnesses to the public security organ for questioning, shall issue a "Notice of inquiry", served. (1 points)

4 in the public security organs inside the hostel asked witnesses illegal procedure provisions. (1 points) can be unit or residence in the witness of inquiry, may also notify the witness to ask the public security organs office space or the place. (1 points)

5 at the same time asking the witness Li and Zhao is wrong. (1 points) witnesses shall be questioned individually. (1 points)

 

The 3 case:The night of May 7, 2005, Zheng and Wang in an intersection robbery was arrested. Because two people belong to the crime, police immediately the two people detained and brought back to the detention for questioning. The interrogator will two people for questioning in a room, first ask the Zheng's age, place of origin, Zheng made answer, and then ask Wang Mou, and the interrogation interrogation record, please sign after two. The Public Security Bureau in May 16 to the procuratorial organ for approval of arrest zheng. Because of the controversial nature of the public security organ, so the application is not approved. The Public Security Bureau said that this decision is wrong, then puts forward the reconsideration to the procuratorial organ, but has not yet been accepted. Then to the upper level of the procuratorial organs for review. Until May 25th, the procuratorial organs at higher levels to make a decision not to approve arrest, before their release.

The problem:Analysis of improper handling procedure exists in the case, and explain the reasons. (10 points)

Case 3:

1 Public Security Bureau at the same time of Zheng and Wang interrogation is wrong (1 points). Interrogation of suspects should be individually Co. (2 points)

The Public Security Bureau in May 16th 2 submitted a request for approval of arrest is wrong, more than the statutory time limit. (1 points) in the detention within 3 days after, no longer than 7 to the procuratorial organ for approval of arrest. (2 points)

3 Public Security Bureau for approval of arrest without approval, has not released Zheng is wrong. (2 points) to the people's Procuratorate does not approve the arrest, the public security organ for reconsideration regardless of whether, public security organs should immediately release the detainee after receiving a notice. (2 points)

 

The 4 case:County Public Security Bureau received a report, in the way the people two knife mugging pedestrians, immediately organized the investigation personnel rushed to the scene. When they arrive, highway robbery suspect Zhang Mou (male, 19 years old) and Wang (female, 20 years old) has been under the night pass by here Li and Zhao caught. The investigators decided to search, even though the present investigators were male police, but Zhang, Wang was the personal search, and search more than 4000 RMB yuan and a gold necklace. An investigator said: "the evidence is detained", then the RMB, gold necklace together into a paper bag. After that, the investigators made search record, by the investigators and the presence of Witness Lee, Zhao signature. In this case by the County Public Security Bureau of investigation, according to the decision to take criminal detention measures on Zhang, wang. Zhang was detained in the case of units for three days before execution by sending guard. The investigators Lin and Wang in detention for questioning. When the interrogation, Lin eat out, by Wang separate interrogation of criminal suspects.

The problem:In this case the procedure how inappropriate? Please explain the reason. (10 points)

Case 4:

1 of Wang's personal search, not by the male investigators. (1 points) for the search of women's body, by the female investigator. (1 points)

2 investigators should not take search the evidence obtained directly into the file bag, seizure of illegal procedure. (1 points) should be seized with the eyewitnesses and the holder of the seized articles were clear, on the list of two copies, and sealed by the investigators, witnesses and the Holder Signature or. (1 points)

3 search record should not only by the investigators and the witness signature. (1 points) search record shall be borne by the investigators and the person searched or his family members, neighbors or seal or signature of witness. (1 points)

4 investigators for three days to interrogate the criminal suspect is wrong. (1 points) to the detainees, the public security organ shall, within twenty-four hours of detention in the interrogation after. (1 points)

5 only Wang interrogation illegal procedure provisions. (1 points) during an interrogation, the investigators shall not be less than two. (1 points)

 

The 5 case:Zhang Mou is in a laid-off personnel, one night on his way home, Zhang and Wang dispute. In the dispute process, Zhang stuck Wang's neck and caused the suffocation. Zhang think Wang is dead, then to the county court near the surrender, said you killed someone. The court attendant told Zhang, the court will not accept the murder, let him go to the county public security bureau. Zhang on the way to the Public Security Bureau, think of the kill, more wants more to be afraid, so they fled to the field. Wang himself after wake up immediately to the Public Security Bureau telephone alarm. Later, Wang Mou and many times to the Public Security Bureau of charges, the Public Security Bureau said, only caught the suspect to the filing, decided not to initiate. Wang also to the county procuratorate Zhang accused, the procuratorate received Sue suggest Public Security Bureau Public Security Bureau registration, ignore. Wang helpless, but to the county court, the court was told Wang himself does not have jurisdiction, let Wang find public security bureau.

The problem:Try improper analysis agency action public prosecutor, in this case, and explain the reasons. (10 points)

Case 5:

1 Public Security Bureau should not be decided not on file with no caught the suspect is. (1 points) on the facts of a crime and criminal responsibility, the public security organ shall file the case. (1 points)

2 the procuratorate should not recommend Public Security Bureau registration. (1 points) procuratorate shall request the public security organ that is not on file for that reason, can not be established, shall request the public security organs. (1 points)

3 errors in the court:

(1) the court attendant should not surrender does not accept Zhang, let him go to the public security bureau. (1) the people's court shall accept the surrender. Is not under its jurisdiction, and then transferred to the authorities having jurisdiction. (1 points)

(2) the court personnel on duty not to take emergency measures to Zhang, caused the escape practice error. (1 points) for does not fall under its jurisdiction but calls for emergency measures, it shall take emergency measures, and shall transfer the case to the competent authority. (1 points)

(3) the court should not accept Wang the prosecution, to find the police. (1) the victim has evidence to prove that the infringement of the personal rights of the defendant's conduct should be investigated for criminal responsibility according to the law, and the public security organ shall not be investigated for criminal responsibility in the defendant's case, the victim may bring a lawsuit directly to the people's court. (1 points)

 

The 6 case:City Public Security Bureau Investigation on together theft cases, public security bureau chief Zhang led to form the team, the crime suspect Wang Mou, Li Mou, Zhao suspected common theft. In the course of the investigation, Wang lawyers Qianmou not discuss with Wang Mou, put forward the case investigator sun and the victim is live in the same village, close, apply for his withdrawal. The chief investigation department immediately stop the sun's investigative work, Sun Mou to avoid gossip also immediately withdraw from the investigation, investigation section of the review does not belong to the legal avoidance reasons, rejected the application for withdrawal. Then a police commissioner Lee application for withdrawal, the reason is the Public Security Bureau and the victim's father is schoolmate at college, a very good relationship, then made a decision on withdrawal superior public security organs.

The problem:In this case the procedure to avoid any illegal? Please explain the reason. (10 points)

Case 6:

The 1 stage of investigation in criminal litigation lawyer has no right to apply for withdrawal of money a. (1 points) only the parties and their legal representatives shall have the right to apply for withdrawal. (1 points)

2 the investigator sun avoidance before making a decision, should not stop its investigation (1 points), Sun Mou should not immediately withdraw from the investigation activities (1 points). For the avoidance of investigators before making a decision, the investigators could not stop the investigation of a case. (1 points)

3 sun avoidance and not by the investigation section to decide. (1 points) to avoid investigator, by the public security organs shall be responsible for decisions. (1 points)

4 Public Security Bureau avoidance should not be superior public security organs to make the decision. (1) the head of a public security organ (director) avoidance, the procuratorial committee shall be borne by the people's Procuratorate at the same level decision. (2 points)

 

The 7 case:A bureau of technical supervision of cadres of Zhou and Chen's wife Wang affair, be aware of Chen, Chen repeatedly advised Zhou and Wang sever relations, then Let bygones be bygones. Zhou did not listen, Chen was born the concept of murder. Chen Qi Ye find a week, will kill. In July 2, 2007, the case gaopo. The suspect Chen, Qi, Yemou was a city police decided to arrest. In the interrogation process, three suspects were told: "our government's policy is always' leniency to those who confess, resist strict'. If you honestly confessed crimes, we can let you out. If you deny, will be severely punished." Three suspects per capita puts forward to want to hire a lawyer to provide legal advice, by the investigators told now not a lawyer.

The problem:Please point out the inappropriate case in terms of process, and a brief analysis of the reason.(10 points)

Case 7:

1 police decided to arrest three suspects is wrong. (1) the arrest of the suspect, the defendant, must be approved by a people's Procuratorate or by decision of a people's court, shall be executed by a public security organ.(2 points)

2 investigators on the three suspects said "if frankly confessed crimes, can let you out. If you deny, will be severely punished ", is wrong.(1 points)Forensics investigators aligned to a three criminal suspects enticement, deception and threats. (2 points)

3 investigators did not allow the suspect to hire a lawyer to provide legal advice is wrong. (1) the criminal suspect is interrogated by investigation organ for the first time or to take coercive measures to date, can hire lawyers to provide legal advice, to its appeal, accuse agent.(2 points)

 

The 8 case:A couple lines with neighbors, and long-term discord. One day, the door for stacking items and quarrel, followed by assault. Due to a physical stronger, Ding at a disadvantage, was wrestled to the ground, the brother of Qiading e after, see brother being bullied, furious, and to help. Ding home and picked up a stick, toward a body disorderly Lun, armour and injury. By the hospital diagnosis, a elbow fracture, surface slight injury. A then to the police station, police on duty that it is but the neighborhood disputes, does not constitute a crime, the mediation. A not, directly to the court, asked Ding compensation for medical expenses, operating in great pain to shop closed losses and mental aspects. The court mediation on the first case, the mediation fails, then the judge Wang and two of people's assessors formed a collegiate bench trial. The collegial panel to make criminal judgment within the statutory time limit and incidental civil judgment.

The problem:

1 a can directly to the people's court, on the basis of what? (3 points)

2 if the public security organs in the mediation, a received Ding pay, whether it can be attached to the civil criminal courts?(3 points)

3 a litigation request is reasonable? (4 points)

Case 8:

1 a can bring a private prosecution directly to the people's court. (1) the case is "Criminal Procedure Law" provisions of article 170th of the third cases of private prosecution as the evidence of violations of their personal, property rights of the defendant's conduct should be investigated for criminal responsibility according to the law, and the public security organ or the people's Procuratorate shall not be investigated for criminal responsibility in the defendant's case.(2 points)

2 can be filed. (1 points) mediation by the people's Procuratorate, the public security organ, the parties to reach an agreement and has paid, and adhere to the victims filed a supplementary civil action, the people's court may also accept.(2 points)

3 medical fees belong to the direct loss, request is reasonable; (2) to delay the business income belongs to the indirect loss (1 points), in accordance with the present provisions do not support the and mental damage compensation.(1 points)

 

The 9 case:One night,The white oneFound a lone female youth in the roadZhangThey came and stopped, and dragged into the shelterRape. City Public Security Bureau filing in January 4, 2008 on a rape investigation. In order to determine the rape victim Zhang by violence situation, in the absence of any witness, the investigators Wang Mou (male) and Tian (female) is responsible for organizing the victim's personal check. During the period, Wang Mou to go out for dinner, by Tian separate personal check.

The problem:

1 if Zhang refused to personal check, whether the investigators to Zhang compulsory inspection? Why? (2 points)

2 If Zhang agreed personal check, can make body examination by a physician? Why? (2 points)

3 if Zhang agreed personal check, whether by the investigator Wang personal check? Why? (2 points)

4 if Zhang agreed to personal checks, in Wang Mou to go out during the Tian is solely responsible for compliance with the provisions of the personal check? (2 points)

5 in the absence of witness personal check the presence of the person who, if they meet the requirements? Why? (2 points)

Case 9:

1 not. (1 points) to the victim because not mandatory inspection.(1 points)

2.(1) check the women's body, should be conducted by female officers or doctors. (1 points)

3 not.(1) check the women's body, should be conducted by female officers or doctors. Wang is the male staff, do not meet the conditions. (1 points)

4 do not conform to the rules.(1) the implementation of the personal examination, must be carried out by more than two investigators. (1 points)

5 do not conform to the rules.(1) physical examination should be invited to witness on the spot (1 points)

 

The 10 case:A father because his girlfriend B and b love a grudge against his father, to kill B to hate. A night, a knife into the B with B, father and family struggling to fight, a failed, will b father arm cut after running away. County Public Security Bureau received a report, that B father had skin trauma, a behavior is a light injury, only a click "Public Security Management Punishment Law" for processing. B the father and to the county people's Procuratorate accused, procuratorate examining that the County Public Security Bureau not filing the case for the establishment of the Public Security Bureau, agree to the decision. B the father because of excessive anger, heart attack, after rescue invalid death. B when their father died, his wife Ding to the county people's court, requirements shall be investigated for criminal responsibility a intentional homicide, while providing the testimony of a witness.

The problem:

1 a cut wound ethylene father's case, belong to the nature of the case? Why? (3 points)

Whether the 2 County People's court has the right to directly accept? Why? (3 points)

3The victim's father after the death of his wife ill b, have the right to sue to the court? (4 points)

Case 10:

1 in the case of criminal private prosecution cases (1 points). The case is the victim has evidence to prove that the light injury case, which belongs to the scope of private prosecution cases. (2 points)

2 County People's court has the right of accepting a case of private prosecution. (1 points) in a case of private prosecution, the victim has the right to bring a suit directly to a people's court. The people's court shall accept the case according to law.(2 points)

3 have the right to sue. (1) cases of private prosecution in the victim's death or incapacity, his legal representatives, near relatives shall have the right to file an appeal directly to a people's court. (2 points) dean as B father's relatives, have the right to sue to the court. (1 points)

 

The 11 case:Because Liu Mou is suspected of robbery crime by the public security organs in accordance with the law execution of arrest, because of its single, live together and seventy old mother of two. Because Liu mother is sick all the year round, almost can not take care of themselves, Liu uncle then the trustee to plead with the County Public Security Bureau, and Liu application for bail, Public Security Bureau after examination of the case, considering the actual situation, decided to pending trial on bail by Liu, Liu's mother as a surety, and inform the Liu mother obligations. Liu in the home second days disappear without a trace, Liu found a mother after the report to the public security organs.

The problem:The public security organs to Liu decided to bail pending trial, which is in violation of the statutory procedures in place? Why? (10 points)

Case 11:

   1 Liu Mou does not comply with the conditions of bail bail. (1 points) Liu suspicion of robbery and violent crime, not bail. (2 points)

2 uncle Liu Liu to apply for obtaining a guarantor pending trial is not in conformity with the provisions. (1) the arrested suspects and its legal representative, close relatives may apply for bail. (2 points) Liu uncle does not belong to Liu's statutory agent or near relatives. (1 points)

3 Liu's mother as guarantor does not comply with the provisions of. (1 points) for Liu's mother does not have the capacity to perform warranty obligations, does not meet the conditions of the guarantor. (2 points)

 

12The case:

1.M S rural county happened with the theft, M County Public Security Bureau, after preliminary investigation, that living in N County of a suspected crime, summoned a to M County police station for questioning S.

2 police B interrogating suspects said: "if you admit to stealing things, your attitude is better, we can let you, if you don't, your attitude is not good, will aggravate your punishment." 

A 3 police interrogation of a criminal suspect B said: "as long as you take the initiative to confess their crimes, stating your good attitude, we could consider your bail requirements." 

The 4 suspects to their home interrogation of a and B, which is convenient, the police to the residence of interrogation.

The problem:In this case, the public security organ interrogation of a criminal suspect in violation of procedure which? Why? (10 points)

Case 12:

    Case 1, 2, 3, 4 public security organs in the interrogation of a criminal suspect practices are in violation of the procedures. (2 points) for the following reasons:

1 in case 1, the public security organs shall be a summons to M County interrogation violates the procedures, should be in the interrogation of N County, where the. (1 points) because the public security organs to need not be detained and arrested the suspect, the suspect should be summoned to the criminal suspect, county lies within the designated locations or his place of interrogation. (1 points)

2 in case 2, the police for questioning by threats, violating procedure. (1) according to the "Criminal Procedure Law" article forty-third, is strictly prohibited torture to extract confessions and to collect evidence by threat, enticement, deceit and other illegal methods. (1 points)

3 in case 3, the police interrogation to lure, violating procedure. (1) according to the "Criminal Procedure Law" article forty-third, is strictly prohibited torture to extract confessions and to collect evidence by threat, enticement, deceit and other illegal methods. (1 points)

4 in case 4, interrogate suspects in violation of procedures in place. (1) the reason is: the interrogation without detention, arrest suspects should be located in the crime suspect City, county public security organs handling places. (2) for those with serious disease or disability, action inconvenience and are pregnant suspect, the public security organ at or above the county level shall be responsible for the approval of people, can the suspect residence interrogation. (1 points)

 

The 13 case:Huang and Liu is husband and wife, the Liu is dumb, communicate in sign language in their daily lives. One night, the couple two people witnessed the whole process of criminal suspects who robbed the neighbors. The public security organs will Huang and Liu summoned to the Huanglong Hotel by the police at the same time they are asked wang. Wang ask Huang, Liu served as a sign language translation, asked Liu Moushi Huang served as a sign language translation.

The problem:What are the procedures in handling the problem? (10 points)

Case 13:

1 the use of summoned measures notify the witness is wrong. (1 points) of the criminal suspect to use summoned measures. (1 points)

2 witnesses in violation of the provisions in the Huanglong hotel. (1 points) asking the witness can not in the witness outside the unit or residence, the public security office place, the place of. (1 points)

3 by a single police asked witness violating procedure. (1 points) should be made by more than one police asked witness. (1 points)

4 at the same time of two witness inquiry is wrong. (1 points) asking the witness should be individualized. (1 points)

5 Huang and Liu can not serve as translation. (1 points) asked Huang and Liu Moushi, invite other people understand sign language interpreter. (1 points)

 

The 14 case:Together in a case of joint crime, the principal Wang was sentenced to 15 years in prison, deprived of political rights for 3 years, confiscation of personal property; principal Zhu was sentenced to 10 years in prison, deprived of political rights for 2 years, a fine of 20000 yuan; accomplice Lee was sentenced to 8 months; accessory Zhou was sentenced to control 1 years, deprived of political rights for 1 years.

The problem:

1 which organs are responsible for implementing the criminals Lee punishment? Why? (2 points)

2 which organs are responsible for implementing the criminal Zhou punishment? Why? (3 points)

3 penalty needs to court for enforcement, and who is the public security organs from executed criminals? Why? (5 points)

Case 14:

1 Li to punishment by the public security organs shall be responsible for the implementation of. (1 points) more than punishment in less than a year in prison by the public security organs shall be responsible for the implementation of. (1 points)

2 weeks of a punishment by the public security organs shall be responsible for the implementation of. (1 points) control and deprivation of political rights by the public security organs are responsible for implementing the. (2 points)

3 Wang and zhu. (2 points) in prison, fines, confiscation of property by the court in charge of execution. (2 points) deprivation of political rights shall be carried out by the public security organs. (1 points)

 

The 15 case:The suspect is the local public security bureau a case hurt Zhao's son, the local public security organ for victims Yang report to make processing of not filing the case decision. Yang refuses to accept, submitted to the people's Procuratorate, request the people's Procuratorate to supervise.

The problem:

If the people's Procuratorate shall be under the jurisdiction of 1 can change the direct investigation? Why? (3 points)

If 2 people's procuratorate can file directly notify the public security organ? Why? (3 points)

3 in this case, Zhao is the need to avoid? Why? (4 points)

Case 15:

1 procuratorates can not directly change the jurisdiction of criminal investigation. (1 points) injury cases shall be under the jurisdiction of the public security organ. (2 points)

2's Procuratorate cannot directly request the public security organs, (1) may request the public security organs that do not file a reason (1 points), if it is not tenable, may by notice in writing to the public security organ for. (1 points)

3 Zhao should be avoided. (2 points) because Zhao is this case crime suspect's close relatives. (2 points)

 

The 16 case:A from B rape was hospitalized for a month, after the hospital still long One's mind is wandering., after the multi treatment returned to normal. In the course of legal proceedings, a file an incidental civil action.

The problem:

1 in the public security in the investigation stage, a can put forward incidental civil litigation request? Why? (2 points)

2 a asked B pay for hospitalization expenses in hospital have? Why? (1 points)

3 a asked B pay the hospitalization cost of care? Why? (2 points)

4 a asked B pays a in in-hospital delays cost? Why? (2 points)

5A can ask a cure One's mind is wandering. B payment and expenses? Why? (2 points)

Case 16:

1. (1 points) as long as the criminal procedure victim can start, the incidental civil litigation request. (1 points)

2. (1) suffered from crime victims by the material loss, refers to the actual loss due to crime has suffered and the inexorable loss. Hospitalization expenses of material loss. (1 points)

3. (1) suffered from crime victims by the material loss, refers to the actual loss due to crime has suffered and the inexorable loss. The charges are the material loss. (1 points)

4. (1) suffered from crime victims by the material loss, refers to the actual loss due to crime has suffered and the inexorable loss. Delay costs of material loss, but also the inevitable losses. (1 points)

5. (1) suffered from crime victims by the material loss, refers to the actual loss due to crime has suffered and the inexorable loss. Treatment costs of material loss. (1 points)

 

The 17 case:Bai Mou (20 years, workers) on suspicion of robbery crime by criminal detention, one day, a white lawyer Hu and white one uncle Zhu to the Public Security Bureau orally proposed bail application. The public security organs after examination, that white one there is danger to the society, is not approved in eighth days after receiving the application orally informed the lawyer, not on a change to bail.

The problem:

1Hu and Zhu is entitled to make bail application? (2 points) and why? (2 points)

2Oral application for bail pending trial with the law? (1 points) and why? (2 points)

3 the public security organs in the received bail application after eighth day oral notice lawyer not bail decisions, compliance with the law? (1 points) and why? (2 points)

   Case 17:

1 white one lawyer Hu (1 points) and the white one uncle Zhu (1 points) shall have no right to apply for bail. Only the criminal suspect in custody and its legal representative, close relative, the arrested suspect's lawyer can make bail application. (2 points)

    2 does not conform to the law. (1) no matter who apply for obtaining a guarantor pending trial, all should be made in writing, not oral application. (2 points)

3Does not conform to the law. (1) the public security organ shall, in a written reply within 7 days after receiving the application to agree or disagree with the. (2 points)

 

The 18 case:

1 Li robbery, for custody of criminal suspects Lee did not put forward specific candidate, the investigation organ to hire a lawyer to the requirements shall not be transferred.

2 high intentional injury case, a high was approved the arrest. Because of the facts of the case is not yet known, the investigation organ refuses to tell the invitation lawyers the crime suspected of.

3 stone of a corruption case investigation process, because the need for secrecy, the investigation organ refuses to approve before the lawyer meets with a stone.

4 Chen torture to extract confessions case, in order to prevent collusion, the presence of meeting with the criminal suspect in custody during investigation personnel are prohibited from Chen to lawyers about the facts and circumstances of the case.

The problem:The suspect during the investigation stage to hire a lawyer's case, which practices the investigation organ problems, why? (10 points)

Case 18:

1The investigation organ refuses to transmit its lawyers do not meet the requirements prescribed. (1) the criminal suspect is interrogated by investigation organ for the first time or to take coercive measures to date, can hire lawyers to provide legal advice, to its appeal, accuse agent. The investigation organ to hire a lawyer to the requirements must be referred to. (1 points)

2 The investigation organ refuses to tell the invitation lawyers the crime suspected of not conforming to the provisions. (1 points) by hiring a lawyer can unconditional about the crime suspected of, the investigation organ may not limit. (1 points)

3The meeting was forbidden to investigators suspect lawyer tells the facts and circumstances of the case, no basis in law. (1) the lawyer meets with the criminal suspect in custody, the investigation organ may according to the circumstances of the case and the need to present. The legislation does not give the meeting present investigators suspect to prohibit lawyers about the facts and circumstances of the case the right. 1.

4Because of the investigation process need to be kept secret, the investigation organ refuses to approve before the lawyer meets with a stone, illegal procedure. (1) cases involving state secrets, the lawyer meets with the criminal suspect in custody, shall be subject to the approval of the investigation organ. (1 points) in no case involves state secrets, the lawyer to visit the suspected criminal without approval. (1 points) not to the investigation process need to be kept as cases involving state secrets shall not be approved. (1 points)

 

The 19 case:A bureau of Interpol brigade scout Zhang, Wang for robbery, in order to criminal suspects Yang, Zhu was questioned, because Yang refused to explain the facts of the crime, such as not to let their sleep corporal punishment method of obtaining Yang confession, according to Yang confession, Zhang, Wang some in the Yang Moujiazhong extraction by rob dagger, according to Yang confession of rob the place where robbed a bank security camera.

The problem:

1According to Yang confession extracted into a dagger, can be used as evidence? Why? (2 points)

2According to Zhu a confession made "interrogation", can be used as evidence? Why? (3 points)

3 according to Yang confession made "interrogation", can be used as evidence? Why? (3 points)

4According to Yang confession obtaining bank surveillance video data, can be used as evidence? Why? (2 points)

Case 19:

1According to Yang confessions extracted into the knife can be used as evidence. (1) the exclusion of illegal evidence is confined to words evidence. Physical evidence is not excluded from the list. (1 points)

2 according to Zhu's confession making interrogation record can be used as evidence. (1) based on the guilty suspect voluntary confession made can be used as evidence. (2 points)

3According to Yang confession made "interrogation", should be excluded. (1 points) investigators to covert exact way confession, shall be excluded. (2 points)

4Can be used as evidence in accordance with the surveillance video Yang confessions extracted to. (1) the exclusion of illegal evidence is confined to words evidence. Physical evidence is not excluded from the list. (1 points)

 

The 20 case:The explosion occurred in the case of a county. The victim is the county people's Procuratorate Zhang's private residence. The Public Security Bureau set up a task force quickly, and by the director Wang head cracked the case, in the investigation stage, one suspects the public security bureau is the attorney general's brother, asked the Public Security Bureau and the county people's Procuratorate long avoidance.

The problem:

Director of Public Security Bureau whether 1 should be avoided? (1 points) and why? (2 points) matters whether should be avoided by Public Security Bureau which shall make a decision? (2 points)

The 2 chief procurator should avoid? (1 points) and why? (2) the attorney to avoid problems by which shall make a decision? (2 points)

Case 20:

1 Public Security Bureau Chief Wang should be avoided. (1) the public security bureau is a party to the case of Zhang's relatives, should be avoided. (2) the public security bureau should be avoided, determined by the Procuratorial Committee of the people's Procuratorate at the same level. (2 points)

2 attorney Zhang should be avoided. (1 points) because Zhang is the victim. (2) the withdrawal shall be at the same level people's Procuratorate Committee decided. (2 points)

 (twenty-one) the A County Chen, Liu Mou partnership will be two female youth pay a kidnapping to other provinces in B County, B county the vendor is introduced to C county money a wife. After paying a to C County Public Security organs. C county public security organs will suspect Chen Mou, Liu mou.

[question]

1.ABCCounty public security organs have jurisdiction over the case? The reason (9 points)

2．C county public security authorities arrested Liu Mouhou Chen, what should you do? (1 points)

[key]

1.ACounty public security organs have jurisdiction over the case. Because the criminal cases by public security organs crime principle of jurisdiction. A part of trafficking crimes in N county. (3 points)

B county public security organs shall also have jurisdiction over the case. Part of a crime behavior also occurred in M county. (3 points)

C county public security organs no jurisdiction in this case. C county is not crime, also is not a suspect residence. (3 points)

2．C county public security authorities arrested Chen, Liu Mouhou, after review of the facts of the crime, it shall transfer the case to the public security organs jurisdiction to deal with. (1 points)

(twenty-two) the police Zhao in a train station near that she a suspicious appearance and movements, and to inventory, seized a recent robbery robbed material case, she a mince words, so Zhao brought to the police station. She a initially remained silent, after repeated questioning, she finally confessed himself is a E, another person, who in ten years ago in the province of E C to make a female rape and murder case, is also in a committed robbery. A public security bureau to realize major case, tell she one can entrust a lawyer, she a lawyer to provide legal help Huang, Huang requested a meeting she one, the public security bureau to delay 2 days before to meet.

[question]

1．If she has to keep silent will produce what legal consequences? (4 points)

What behavior 2 a public security bureau of the relevant provisions of criminal lawsuit against? (6 points)

[key]

1．If fully do other evidence is found guilty, Wang, still can be transferred for examination and prosecution investigation. (4 points)

2．The investigation organ in violation of the relevant provisions of the criminal procedure law behavior:

In the interrogation is to tell the suspect has the right to entrust a lawyer. (1 points)

"The law of criminal procedure", the criminal suspect is interrogated by investigation organ for the first time or take enforcement date, can hire lawyers for legal assistance. (2 points)

② she a lawyers requested a meeting with the client, after 2 days was allowed to meet with. (1 points)

"The public security organs shall apply the provisions of article forty-fourth" program in criminal cases, lawyers to meet with the criminal suspect, the public security organ shall arrange for an interview within 48 hours. (2 points)

(twenty-three) one day morning, Zhang and Wang (female) knife robbery pedestrian was arrested on the spot. County Public Security Bureau of investigation, according to Zhang, Wang executive detained, investigators are questioning their. Zhang lawyers requested a meeting with the criminal suspect, the Public Security Bureau ten days to arrange the meeting. The money a (female) was the suspect Zhang stabbed two knife. The need for investigation, the investigation personnel to make personal inspection on it, in order to determine the injury situation, Qian Mou to refuse the inspection, investigation personnel organization female physicians mandatory for personal check, identified as minor injuries.

[question]

In this case the procedure how inappropriate? Briefly explain the reasons. (10 points)

[key]

1．Zhang lawyers requested a meeting with the criminal suspect, the public security bureau should not be 10 days to arrange the meeting. (2 points)

"The public security organs shall apply the provisions of article forty-fourth" criminal cases, the criminal suspect's lawyer presented the meeting with the criminal suspect, the public security organ shall arrange for an interview within 48 hours. (2 points)

2．Investigators in the victim refused to personal checks, not should check the force. (2 points)

"The law of criminal procedure", can make personal inspection of the victim, criminal suspects; but only if a criminal suspect refuses to be examined, the investigators deem it necessary, may be forced to check. (2 points)

That is to say a compulsory examination person, is only applicable to the criminal suspect. (2 points)

(twenty-four) one day morning, Zhang and Wang (female) knife mugging pedestrians are under the night pass by here Li and Zhao caught. County Public Security Bureau of investigation. Because of the witness on the spot Li, Zhao two crime suspect robbery plot statement is not a specific fact, the investigators to two witnesses were asked, two people to remind each other, complement each other, and finally made a unanimous statement. When asked, Witness Lee, Zhao for their own name secret, by investigators refused.

[question]

In this case the procedure how inappropriate? Briefly explain the reasons. (10 points)

[key]

1．At the same time asking the witness Li and Zhao is wrong. (2 points)

According to the "law of criminal procedure", witnesses shall be questioned individually. (2 points)

2Let the witness to remind each other, complement each other, make consistent state practice error. (3 points)

According to the "Criminal Procedure Law" provisions, shall inform the witnesses, he shall faithfully provide evidence, legal responsibility of testimony and intentionally giving false testimony or conceal evidence to negative. (3 points)

(twenty-five) a night, Zhang and Wang dispute. Zhang stuck Wang's neck, caused the suffocation. Zhang think Wang is dead, they fled to the field. Wang came back immediately to the Public Security Bureau telephone alarm, and many times to the Public Security Bureau charges, the Public Security Bureau said, only caught the suspect to the filing, decided not to initiate. Wang also to the county procuratorate Zhang accused, the procuratorate received Sue suggest public security bureau put on record, the County Public Security Bureau ignore. Wang helpless, but to the county court, court told Wang court does not have jurisdiction, let Wang find public security bureau.

[question]

Inappropriate and points out that the legal authority behavior of the public prosecutor, in this case, the reason. (10 points)

[key]

1．Public Security Bureau should not be decided not on file with no caught the suspect is. (1 points)

"The law of criminal procedure", the public security organ finds the facts of the crime or criminal suspects, should be in accordance with the scope of jurisdiction, investigation. (1 points)

This case belongs to the jurisdiction of the public security organ. The public security organ receives victim alarm and Sue, shall review the rapidly, that the facts of the crime and criminal responsibility, it shall file a case. (2 points)

2．Procuratorate practice should not be the case, that the public security bureau. (1 points)

According to the "law of criminal procedure", the procuratorate shall request the public security organ that is not on file for that reason, can not be established, shall request the public security organs. (2 points)

3．The practice of the court should not be: do not accept Wang the prosecution, to find their own public security bureau. (1 points)

According to the "Criminal Procedure Law" provisions of article 170th, the victim has evidence to prove that the infringement of the personal rights of the defendant's conduct should be investigated for criminal responsibility according to the law, and the public security organ shall not be investigated for criminal responsibility in the defendant's case, the victim may bring a lawsuit directly to the people's court. (2 points)

(twenty-six) in August 17, 2005, the K County Public Security Bureau according to the law on suspicion of the crime of intentional injury Chen bail, July 20, 2006 will be the case transferred to the procuratorate for examination and prosecution, the trial period is about to expire, procuratorate in August 16th decided to await trial on Chen bail, and executed by the public security organs.

[question]

1．Whether the K County Public Security Bureau shall handle the lifting bail formalities? The reason. (6 points)

2．Bail is about to expire, the executing organ K County Public Security Bureau shall notify the procuratorate whether or not? (4 points)

[key]

1．K County Public Security Bureau is not necessary to apply for bail lifting procedures. (3 points)

Because the case transferred for examination before prosecution procuratorate to bail, bail is automatically released, no longer handle lifting procedures. (3 points)

2．Bail is about to expire, the executing organ K County Public Security Bureau shall notify the original 15 bail decision-making organ: K County procuratorate the expiration of the time limit. (4 points)