1. Plaintiff Sun sued the county people's court for libel against defendant Zhang. After accepting the case, the county people's court decided to apply ordinary procedures to hear the case. When Zhang is not in custody, when should the court pronounce the sentence after filing the case? ( )
A. One month
B. One and a half months
C. Three months
D. Six months
Reference answer d
According to Article 109 of the Interpretation of the Criminal Procedure Law, a case of private prosecution in which the defendant is detained shall be pronounced within 1 month after the defendant is detained, which shall not exceed one and a half months at the latest. Under any of the circumstances specified in Article 126 of the Criminal Procedure Law, the case shall go through provinces, autonomous regions and municipalities. It can be extended for another 65,438+0 months. If the trial period needs to be extended, it shall be reported to the Higher People's Court for approval or decision 7 days before the expiration. If the defendant is not detained, he shall be sentenced within 6 months after filing the case. If the probation period needs to be extended, it can be extended for 3 months with the approval of the president of our hospital. Therefore, the answer to this question is note D: In a public prosecution case, whether the defendant is detained or not, the court shall make a judgment within 1 month after accepting the case, and no later than 1.5 months. Under any of the circumstances specified in Article 126 of this Law, it may be extended by 1 month with the approval or decision of the Higher People's Court of a province, autonomous region or municipality directly under the Central Government. However, in private prosecution cases, it varies according to whether the defendant is detained or not.
2. Nanmen County Public Security Bureau found that Chen Mou was suspected of murder when the investigation of Chen Mou theft ended; But by this time, the investigation and detention period of Chen Mou had expired. In view of the need to investigate the murder case, the Public Security Bureau decided to detain Chen Mou and recalculate the detention period. How should the public security bureau perform legal procedures at this time? ( )
A. report to the people's procuratorate for approval
B. Report to the People's Procuratorate for the record
C. there is no need to inform the people's procuratorate.
D. report to the higher public security organ for approval.
Reference answer b
Article 32 of the Regulations on Six Organs stipulates: "According to Article 128 of the Criminal Procedure Law, if a public security organ discovers that a criminal suspect has committed other major criminal acts during the investigation and recalculates the detention period for investigation, it shall be stipulated by the public security organ without the approval of the people's procuratorate, but it shall be reported to the people's procuratorate for the record, and the people's procuratorate may supervise it." Only B meets this requirement.
3. According to the provisions of the Criminal Procedure Law and relevant judicial interpretations, which of the following time limits for handling cases cannot be recalculated? ( )
A. Time limit for review and prosecution after the conclusion of supplementary investigation
B. Time limit for investigation and detention after the suspect is found to have committed other important crimes
C. Time limit for hearing after handling the application for withdrawal of the parties
D. Time limit for the procuratorate to transfer the supplementary investigation to the court for further trial
Reference answer c
Referring to Dong Xin's calculation of the time limit for handling cases, it must be clearly stipulated. Paragraph 3 of Article 268 of the Supreme People's Procuratorate Rules stipulates: "After the supplementary investigation is terminated and transferred for examination and prosecution, the people's procuratorate shall recalculate the time limit for examination and prosecution." However, option A of this question is not rigorous because the supplementary investigation in the stage of examination and prosecution is divided into returning supplementary investigation and self-supplementary investigation, and the time limit for examination and prosecution is recalculated after the supplementary investigation is returned. If the procuratorate supplements the investigation by itself, then there is no problem of recalculating the time limit for examination and prosecution after the procuratorate completes the supplementary investigation by itself, because the supplementary investigation by the procuratorate must be completed within the time limit for examination and prosecution. According to Article 269 of the "High Inspection Rules", "If the people's procuratorate decides to conduct its own investigation during the examination and prosecution, it shall complete the investigation within the time limit for examination and prosecution". However, Article 128 1 of the Criminal Procedure Law stipulates that in the course of investigation, if a criminal suspect is found to have committed other important criminal acts, the time limit for investigation and detention shall be recalculated according to the provisions of Article 124 of this Law from the date of discovery. According to the third paragraph of Article 168 of the Criminal Procedure Law, after the supplementary investigation is completed and transferred to the people's court, the trial period will be recalculated.
4. A criminal suspect was arrested by the procuratorate for accepting bribes at 9: 00 am on June 5438+February 1 2002. The following statement is correct: ()
A. The summoning time is counted from 9: 00.
B. The residence time is calculated from 10.
C.24 hours shall be counted from 10.
D. The time for summoning should be counted from 9: 00, 12 hours.
Reference answer b
Reference analysis: the starting time of the period stipulated in the Criminal Procedure Law is not counted. This case should start from 10, and the period of compulsory summons is 12 hours.
5. Party A and Party B are neighbors, quarreling and then fighting because of trivial matters in life. A slightly injured B, B sued A to the court, and A was sentenced to 1 year in prison by the court. A is unwilling to appeal after serving his sentence. B refuses to accept and wants to appeal. During the appeal, B's father died, and B postponed the appeal period for his father's funeral. After the obstacles are removed, Party B applies to continue the appeal activities that should be completed before the expiration. The following statement about this case is correct: ()
A.b must apply within 5 days after the obstacle is removed.
B. the application requires the consent of his defender.
C.b. has no right to apply.
Whether to resume the period shall be decided by the people's court.
Reference answer a
According to the provisions of Article 80 of the Criminal Procedure Law, if a party delays the deadline due to irresistible reasons or other legitimate reasons, he may apply to continue the application within 5 days after the obstacle is removed. If the litigation activities that have been completed before the expiration of the application period specified in the preceding paragraph are allowed, the people's court shall rule that only the parties can apply and other participants in the litigation have no right to apply.
Second, multiple choice questions
6. The following statement about lien service is incorrect: ()
A. the conciliation statement is not applicable to lien.
B lien can be used for service when the addressee and agent cannot be found.
Lien service and direct service have the same legal effect.
The lien service procedure does not require the presence of witnesses.
Reference answer BD
According to the second paragraph of Article 8 1 of the Criminal Procedure Law, the service by lien must meet certain conditions, that is, the service by lien can only be adopted if the addressee or agent refuses to accept the litigation documents or refuses to sign or seal them. If the addressee cannot be found and the agent cannot be found at the same time, the procedure of lien service cannot be adopted. If the addressee or agent refuses to accept or sign or seal, the addressee shall invite his neighbors or other witnesses to explain the situation, leave the litigation documents at his residence, and record the reasons for the refusal and the date of delivery on the service receipt, which shall be signed by the addressee, that is, the served litigation documents shall be deemed to have the same legal effect as direct service. Although lien service and direct service have the same legal effect, not all litigation documents can be served by lien. For example, mediation documents are inappropriate.
7. Which of the following situations should be recalculated? ( )
A. Change of jurisdiction in public prosecution cases
B. Supplementary post-investigation prosecution
C. apply for remedy after the extension.
D. Sent back for retrial by the court of second instance
Reference answer ABD
According to Article 168 of the Criminal Procedure Law, the trial period of a case whose jurisdiction is changed by the people's court shall be counted from the date when the changed people's court receives the case. After the supplementary investigation is transferred to the people's court, the people's court shall recalculate the trial period. Article 140 stipulates that the supplementary investigation shall be completed within 1 month. After the supplementary investigation is completed and transferred to the people's procuratorate for the second time, the people's procuratorate recalculates the time limit for examination and prosecution. Accordingly, the people's court of second instance should choose AB for the case sent back to the people's court of first instance for retrial according to the provisions of Article 65,438+094, and the people's court of first instance should recalculate the trial period from the date of receiving the sent back case, so it should choose Item D according to the provisions of Article 80. If the parties delay the deadline due to irresistible reasons or other legitimate reasons, they may apply to continue the litigation activities that should be completed before the expiration of the deadline within 5 days after the obstacle is removed. Whether the application mentioned in the preceding paragraph is approved or not shall be decided by the people's court. It can be seen that the parties' application for relief cannot lead to the recalculation of the time limit.
8. The following provisions on the time limit for the procuratorate to make a decision to approve the arrest are correct: ()
A. If the criminal suspect approved by the public security organ has been detained, the people's procuratorate shall make a decision on whether to approve the arrest within 7 days after receiving the application for approval of the arrest.
B. If the criminal suspect who has been requested by the public security organ for approval of arrest is not in custody, a decision on whether to approve the arrest shall be made within 05 days after receiving the request for approval of arrest.
C. If the criminal suspect has been detained in the case transferred by the investigation department of our hospital, the procurator-general or the procuratorial committee shall decide whether to arrest the criminal suspect within 7 days after the examination and arrest department receives the opinion of arresting the criminal suspect.
D. The investigation department of our hospital has transferred the case for examination and arrest, and if the suspect is not in custody, the procurator-general or the procuratorial committee shall decide whether to arrest the suspect within 15 days after the examination and arrest department receives the opinion of arresting the suspect.
Reference answer ABCD
According to Article 99 of the the Supreme People's Procuratorate Rules, if a criminal suspect whose arrest has been approved by the public security organ has been detained, the people's procuratorate shall make a decision on whether to approve the arrest within 7 days after receiving the application for approval. Those who are not detained shall make a decision on whether to approve the arrest within 15 days after receiving the application for approval of the arrest. For major and complicated cases, according to Articles 65,438+065,438+065,438+438+0 of the Rules of the Supreme People's Procuratorate, the number of days a criminal suspect is detained shall not exceed 20| days. If the criminal suspect is not detained, the procurator-general or the procuratorial committee shall decide whether to arrest the criminal suspect within 05 days from the date when the examination and arrest department receives the opinion of arresting the criminal suspect. For major and complicated cases, note that the comparative memory of these two articles should not exceed 20 days.
9. What are the special provisions on the extension of the statutory time limit for the following four types of cases? ( )
A if the investigation cannot be concluded within three months, it may be extended for two months with the approval or decision of the people's procuratorate of a province, autonomous region or municipality directly under the central government.
B. 1 month and a half cannot be concluded, and may be extended by 1 month with the approval or decision of the higher people's court of the province, autonomous region or municipality directly under the central government.
C in the procedure of second instance, if it cannot be concluded within 1 month and a half, it may be extended by 1 month with the approval or decision of the higher people's court of the province, autonomous region or municipality directly under the central government.
D the people's court shall make a decision to extend the statutory time limit for the four types of appeal and protest cases accepted by the people's court.
Reference answer ABCD
According to Article 126 of the Criminal Procedure Law, if the investigation cannot be concluded within the time limit stipulated in Article 124 of this Law, it may be extended for two months with the approval or decision of the people's procuratorate of the province, autonomous region or municipality directly under the Central Government: (1) Major and complicated cases in remote areas with very inconvenient traffic; (2) Major criminal group cases; (3) Major and complicated escape criminal cases; (4) Major and complicated cases involving a wide range and difficulties in obtaining evidence. These four types of cases have special provisions on the extension of the statutory period. Article 168 of the Criminal Procedure Law stipulates that after accepting a case of public prosecution, the people's court shall pronounce a sentence within 1 month, and at the latest it shall not exceed 1 month and a half. With the approval or decision of the higher people's courts of provinces, autonomous regions and municipalities directly under the Central Government, it may be extended for 1 month. According to Article 196 of the Criminal Procedure Law, the people's court of second instance shall conclude the case of appeal and protest within 1 month, and no later than 1.5 months.
Third, indefinite multiple choice questions
(10- 1 1 topic * * * with dry topic)
The criminal suspect Wang Genyuan was put on file for investigation by the public security organs for organizing, leading and participating in underworld organizations, robbery, smuggling and intentional injury. On June 5438+065438+1 October1day, 2009, the public security organ detained the suspect Wang Cheng, and Wang Cheng requested to hire a lawyer. The public security organ rejected Wang Cheng's request on the grounds of being suspected of triad crimes. On June 6th, 2009, 65438+February 6th, 2009, the People's Procuratorate approved the arrest of Wang Cheng. Due to the seriousness of the case, with the approval of the people's procuratorate at a higher level, the time limit for investigation and detention was extended. On May, 2065438, the public security organ concluded the investigation and transferred it to the People's Procuratorate for prosecution. The procuratorial organ considers that some criminal facts are unclear and the evidence is insufficient, and returns them for supplementary investigation. After the supplementary investigation was completed, the people's procuratorate still believed that there was insufficient evidence of Wang Cheng's alleged smuggling crime, so it did not initiate public prosecution. At the urging of the public security organs, a public prosecution was brought to the people's court on 2010101. Please answer the following questions according to the case.
10. What litigation rights can the criminal suspect Wang Cheng exercise during the investigation stage? ( )
A. Hiring a lawyer
B. Meeting with lawyers hired
C. The entrusted lawyer applies for bail pending trial, and acts as an agent to appeal, accuse and investigate and collect evidence.
D. The lawyer hired by Wang Cheng asked to meet with Wang Cheng, and the public security organ should arrange a specific meeting time within 48 hours.
1 1. The detention period of the suspect Wang Cheng during the investigation is clearly stipulated in China's Criminal Procedure Law and related judicial interpretations. Which of the following statements conforms to the provisions of the Criminal Procedure Law and related judicial interpretations? ( )
A. If the public security organ finds that the suspect has committed other important crimes in the process of investigation, the period of investigation and detention can be recalculated, but it must be approved by the people's procuratorate.
B if the people's procuratorate returns the supplementary investigation, the people's procuratorate shall recalculate the time limit for examination and prosecution after the supplementary investigation is completed.
C. If Wang Cheng's case is serious, complicated and difficult to obtain evidence, he may be sentenced to fixed-term imprisonment of more than 10 years, and the investigation period can be extended for another 4 months on the basis of 3 months under normal legal circumstances.
D the public security organ shall apply for extending the detention period of the case five days before the expiration of the detention period.
Reference answer10.ab11.bc.
Reference analysis
10. This topic examines the right of lawyers to participate in litigation in the investigation stage. According to the provisions of Article 96 of the Criminal Procedure Law, the hired lawyer has no right to investigate and collect evidence at the investigation stage, so item C is wrong. According to the special provisions of Article 1 1 of the Six Organs Regulations on the crime of suspected organizing and leading to participate in underworld organizations, the date in item D should be 5 days instead of 48 hours, so the exclusion method is adopted.
1 1. Article 32 of the Regulations on Six Organs stipulates: "According to Article 128 of the Criminal Procedure Law, if the public security organ discovers that the suspect has committed other major criminal acts during the investigation and recalculates the detention period, the public security organ shall decide not to obtain the approval of the people's procuratorate, but shall report it to the people's procuratorate for the record, and the people's procuratorate may supervise it." Item a conflicts with this article. A mistake: Articles 124, 126, 127, 128, 140 of the Criminal Procedure Law, and Articles 30 and 32 of the Interpretation of the Criminal Procedure Law are all about important periods in criminal proceedings. Item b conforms to the criminal procedure law. Therefore, the correct item B and the correct item C conform to the provisions of Articles 124, 126 and 127 of the Criminal Procedure Law. In short, the period of investigation and detention in general criminal cases is 3 months, and that in major cases can be as long as 7 months. Article 225 of the Supreme People's Procuratorate Rules stipulates: "If the public security organ needs to extend the period of investigation and detention, the people's procuratorate shall directly file a case for investigation seven days before the expiration of the period of investigation and detention. If the investigation department thinks it is necessary to extend the period of investigation and detention, it shall transfer its opinions and relevant materials to the examination and arrest department of our hospital in accordance with the provisions of the first paragraph of this article." Item d conflicts with the provisions of this article, so item d is wrong.
12. Gao refused to accept the judgment of the people's court of first instance that he was sentenced to fixed-term imprisonment for intentional injury 12 years, but delayed the appeal period for some reason. After the obstacles are removed, what conditions need to be met for the high application to continue the appeal activities that should be completed before the expiration? ( )
A. The high delay is due to irresistible reasons or other legitimate reasons.
B. Gao filed an appeal within 5 days after the obstacle was removed.
C. the request to continue to file an appeal before the expiration of the time limit needs to be made by the defender.
D. after verification by the people's court, the people's court ruled that it was allowed.
Reference answer ABD
According to the provisions of Article 80 of the Criminal Procedure Law, if a party delays the deadline due to irresistible reasons or other legitimate reasons, it may apply to continue the litigation activities that should be completed before the expiration within 5 days after the obstacle is removed. Whether to approve the application mentioned in the preceding paragraph shall be decided by the people's court. Therefore, only the parties can file an application, and other participants in the proceedings have no right to file an application. So, the answer is ABD.