A. A victim refuses to accept the minor injury appraisal by the public security organ and requests re-appraisal.
B. The father of the criminal suspect requests a psychiatric appraisal of the criminal suspect.
C. A criminal suspect who has been arrested claims that he has a serious illness and needs to be released on bail pending trial, but does not need to be at the provincial level.
D. The criminal who is serving his sentence claims that he is seriously ill and asks for execution outside prison.
Answer d (the original answer is ABD)
According to Article 120 of the Criminal Procedure Law, the medical appraisal of personal injury is controversial and needs to be re-appraised, or the medical appraisal of mental illness should be conducted by a hospital designated by the provincial people's government. After the appraisal, the appraiser shall write the appraisal conclusion, which shall be signed by the appraiser and stamped with the official seal of the hospital. Therefore, choose a and b.
According to Article 2 14 of the Criminal Procedure Law, a criminal sentenced to fixed-term imprisonment or criminal detention may be temporarily executed outside prison under any of the following circumstances: (1) He is seriously ill and needs medical treatment outside prison; (2) pregnant or nursing a baby. Criminals released on medical parole may be socially dangerous, or criminals who self-harm may not be released on medical parole. If a prisoner suffers from a serious illness and must be released on parole for medical treatment, the hospital designated by the provincial people's government shall issue a certificate and examine and approve it in accordance with the procedures prescribed by law. If it is found that a criminal who is released on medical parole does not meet the conditions for medical parole, or seriously violates the provisions on medical parole, he shall be put in prison in time. So choose D.
The newly analyzed Article 145 of the Criminal Procedure Law, which was revised in 20 12, stipulates that the appraiser shall write an appraisal opinion and sign it. If an appraiser intentionally makes a false appraisal, he shall bear legal responsibility. Among them, it is put forward that "the medical appraisal of personal injury is controversial and needs to be re-appraised, or the medical appraisal of mental illness should be carried out by the hospital designated by the provincial people's government." After the appraiser conducts the appraisal, he shall write the appraisal conclusion, which shall be signed by the appraiser and stamped with the official seal of the hospital. " It was deleted. So don't choose AB, only choose D in this question.
Comprehensive analysis of the four options According to the content of the original Criminal Procedure Law, this topic examines all the situations that need to be identified by the hospital designated by the provincial people's government in criminal proceedings. This is intended to tell candidates that when reviewing, it is not enough to simply remember scattered knowledge points to cope with the increasingly complicated judicial examination. Laying the foundation in the early stage and memorizing scattered knowledge points are the preparation and bedding for the comprehensive review in the later stage. The foundation is not firm, and the ground shakes. But if you only master these basic knowledge, but lack the ability to comprehensively use knowledge, the final score cannot be improved. You can love everything at first sight, and everything you do is basically wrong, which is a vivid manifestation of this situation.
07/77. Investigators suspected that A was mentally ill, and they planned to identify him. Which of the following procedures is correct about the identification of A?
A. it should be carried out by provincial hospitals.
B. The conclusion of psychiatric appraisal shall be stamped with the official seal of the hospital.
C. the time of psychiatric appraisal is included in the time limit for handling cases.
D the conclusion of psychiatric appraisal as evidence, and inform the suspect and the victim.
Answer d (the original answer is BD)
The original interpretation of the second paragraph of Article 120 of the Criminal Procedure Law stipulates that the medical appraisal of personal injury is controversial and needs to be re-appraised, or the medical appraisal of mental illness is carried out by a hospital designated by the provincial people's government. After the appraisal, the appraiser shall write the appraisal conclusion, which shall be signed by the appraiser and stamped with the official seal of the hospital. According to this article, B is correct.
Appraisal institutions are hospitals designated by provincial people's governments, not provincial hospitals. So a is wrong.
Article 122 of the Criminal Procedure Law stipulates that the time limit for psychiatric appraisal of criminal suspects is not included in the time limit for handling cases. So item c is wrong.
Article 12 1 of the Criminal Procedure Law stipulates that the investigation organ shall inform the criminal suspect and the victim of the expert conclusion used as evidence. If a criminal suspect or victim applies, he may make supplementary appraisal or re-appraisal. So item d is correct. Therefore, the correct option for this question is BD.
The newly analyzed Article 145 of the Criminal Procedure Law, which was revised in 20 12, stipulates that the appraiser shall write an appraisal opinion and sign it. If an appraiser intentionally makes a false appraisal, he shall bear legal responsibility. Among them, it is put forward that "the medical appraisal of personal injury is controversial and needs to be re-appraised, or the medical appraisal of mental illness should be carried out by the hospital designated by the provincial people's government." After the appraiser conducts the appraisal, he shall write the appraisal conclusion, which shall be signed by the appraiser and stamped with the official seal of the hospital. " It was deleted. Therefore, AB is no longer selected, and only item D is selected in this question.
According to the provisions of the original criminal procedure law, this topic comprehensively examines the relevant knowledge points of mental patient appraisal, including: appraisal institutions, requirements for appraisal conclusions, the relationship between appraisal time and the time limit for handling cases, and the objects to be informed of appraisal conclusions. There are more and more exams that use a clue to examine relevant points like this.
02/5 1. A man was arrested by the public security organ of K County for robbing others' property. During the investigation, Yu did not tell his real name and address, and his identity was unknown. How should the public security organs handle this case?
A. The period of investigation and detention shall be counted from the year when A's true identity is ascertained.
Before finding out a person's true identity, he is not allowed to hire a lawyer to provide him with legal help.
C. Stop the investigation before finding out A's true identity.
D. the facts of the crime are clear; If the evidence is true and sufficient, it may be transferred to the county people's procuratorate for review and prosecution according to the self-reported name.
There is no problem with the answer to this question, but option A has been adjusted according to the revised Criminal Procedure Law. )
The original analysis of Article 128 1 of the Criminal Procedure Law stipulates: "If a criminal suspect does not tell his real name and address and his identity is unknown, the period of investigation and detention shall be counted from the day when his identity is ascertained, but the investigation and evidence collection of his criminal acts will not stop. If the facts of the crime are clear and the evidence is true and sufficient, it can also be transferred to the people's procuratorate for review and prosecution according to its self-reported name. " Therefore, c excludes. Article 96 of the Criminal Procedure Law stipulates: "A criminal suspect may hire a lawyer to provide legal advice and represent his complaint and the defendant after the first interrogation by the investigation organ or the day when compulsory measures are taken. If the suspect is arrested, the lawyer hired can apply for bail for him. In cases involving state secrets, the criminal suspect's employment of a lawyer shall be approved by the investigation organ. " The fact that the criminal suspect does not tell his real name and address and his identity is unknown does not affect his right to defense in the investigation stage. Therefore, the second paragraph of Article 158 of the Criminal Procedure Law revised in 20 12 is excluded. If a criminal suspect does not give his real name and address and his identity is unknown, his identity shall be investigated, and the period of investigation and detention shall be counted from the date when his identity is ascertained, but the investigation and evidence collection of his criminal acts shall not be stopped. If the facts of the crime are clear, the evidence is true and sufficient, and it is really impossible to find out his identity, he can also sue and try according to his self-reported name.
Comprehensive analysis of the four options This question comprehensively examines the handling methods when the suspect's real name, address and identity are unknown. All three options come from an article, which is intended to tell candidates to learn to decompose the content contained in the article and master each key article carefully and deeply.
04/63.a was arrested by a county public security organ for robbery. During the investigation, A did not tell his real name and address, and his identity was unknown. How should the public security organs handle this case? An investigation involving a subject.
A the period of investigation and detention shall be counted from the date when Party A's true identity is ascertained.
Before finding out his true identity, Party A shall not hire a lawyer to provide him with legal assistance.
C. suspend the investigation until a's true identity is found out.
D. If the facts of the crime are clear and the evidence is true and sufficient, it can be transferred to the county people's procuratorate for review and prosecution according to Party A's self-reported name.
Answer AD analysis and modification reasons as above.
08 Sichuan /75. (Abandoned topic) What are the following situations in which a lawyer can arrange a meeting with a criminal suspect within 48 hours?
A. Wang, Liu and Li are extraordinarily complicated drug trafficking cases.
B. The amount of corruption in Huang is huge.
C. Cui is suspected of participating in the case of organized crime.
D. Major smuggling cases of Zhang and Zhao.
Answer ACD
Article 1 1 of the Provisions of the People's Court, the People's Procuratorate, the Ministry of Public Security, the Ministry of National Security and the the National People's Congress Standing Committee (NPCSC) Law Committee of the Ministry of Justice on Several Issues Concerning the Implementation of the Criminal Procedure Law stipulates that Article 96 of the Criminal Procedure Law stipulates that lawyers should obtain the consent of the investigation organ when meeting criminal suspects in custody. For cases that do not involve state secrets, lawyers do not need to be approved to meet criminal suspects. Cases involving state secrets cannot be denied because the investigation process needs to be kept secret. If a lawyer requests to meet with a criminal suspect, he shall arrange a meeting within 48 hours. If a lawyer requests to meet with two or more major and complex criminal suspects such as organizing, leading, participating in underworld organizations, organizing, leading, participating in terrorist activities or smuggling, drug crimes, corruption and bribery crimes, he shall arrange a meeting within five days. Therefore, only item B in this question belongs to the situation that the meeting should be arranged within 48 hours, and item ACD belongs to the situation that the meeting should be arranged within five days. Therefore, the correct answer to this question is ACD. The detention center should arrange a meeting in time because of the above provisions and the second paragraph of Article 37 of the revised Criminal Procedure Law. "If a defense lawyer requests to meet a criminal suspect or defendant in custody, he shall present his lawyer's practice certificate, law firm certificate and power of attorney or legal aid letter." Conflict and inefficiency.
According to the provisions of the original criminal procedure law, this question is intended to let candidates distinguish between situations that should be arranged within 48 hours and situations that should be arranged within 5 days.
Survey synthesis: 08 Sichuan /35. Which of the following options is correct about the special investigation work in investigation?
A when a search warrant is executed, a search can be conducted without a search warrant.
B the public security organ has the right to decide to conduct an autopsy on a corpse with unknown cause of death, and notify the family members of the deceased to be present.
C (void) The medical appraisal of personal injury shall be conducted by the hospital designated by the provincial people's government.
D. The time limit for medical appraisal of personal injury of criminal suspects is not included in the time limit for handling cases.
Answer b (the answer to this question is correct, but option c is invalid)
Analysis: Article11of the Criminal Procedure Law stipulates that a search warrant must be presented to the searched person. When an arrest or detention is carried out, a search can be conducted without a search warrant in an emergency. Therefore, item A is wrong.
Article 104 stipulates that the public security organ has the right to decide to conduct an autopsy on a corpse with unknown cause of death and notify the family of the deceased to be present. Therefore, item B is correct.
Paragraph 2 of article 120 stipulates that the medical appraisal of personal injury is controversial and needs to be re-appraised, or the medical appraisal of mental illness is carried out by a hospital designated by the provincial people's government. After the appraisal, the appraiser shall write the appraisal conclusion, which shall be signed by the appraiser and stamped with the official seal of the hospital. Accordingly, the medical appraisal of personal injury is only carried out by the hospital designated by the provincial people's government when it needs to be re-appraised. Therefore, item C is wrong.
Article 122 stipulates that the time limit for psychiatric appraisal of criminal suspects is not included in the time limit for handling cases. Accordingly, only the time limit for psychiatric appraisal is not included in the time limit for handling cases, and the time limit for medical appraisal of personal injury is included in the time limit for handling cases. Therefore, item D is wrong.
To sum up, the correct answer to this question is B. Reason for deletion: Article 145 of the Criminal Procedure Law, which was revised in 20 12, stipulates that an appraiser shall write an appraisal opinion and sign it after making an appraisal. If an appraiser intentionally makes a false appraisal, he shall bear legal responsibility. Among them, it is put forward that "the medical appraisal of personal injury is controversial and needs to be re-appraised, or the medical appraisal of mental illness should be carried out by the hospital designated by the provincial people's government." After the appraiser conducts the appraisal, he shall write the appraisal conclusion, which shall be signed by the appraiser and stamped with the official seal of the hospital. " It was deleted.