1. Only one of the four options listed in each multiple-choice question (this big question * * 30 small questions, each small question 1 point, ***30 points) meets the requirements of the topic. Please fill in the letter before the correct option in the brackets after the question.
1. The relationship between criminal procedure law and criminal law is []
A. criminal law is dominant, supplemented by criminal procedure law B. criminal procedure law is dominant, supplemented by criminal law.
C. Criminal law first, then criminal procedure D. Pay equal attention to criminal law and criminal procedure
2. The substantive problem that criminal proceedings mainly solve is []
A. The personal rights of the parties B. The crime and punishment of the defendant
C. Property relations between the parties
3. The forms of criminal proceedings in all countries in the world today are basically []
A.b. impeachment proceedings
C. Mixed litigation D. Challenge litigation
4. The nature of public security organs is []
A. Administrative organs B. Judicial organs C. Security organs D. Judicial administrative organs
5. Among the following cases, [] is under the jurisdiction of the people's court.
A.b. Retaliation and framing
C. Case of producing and selling fake and inferior commodities D. Smuggling case
6. In the following cases, the case of notification is []
A. Cases of dereliction of duty B. Cases of theft C. Cases of abuse D. Cases of robbery
7. Among the following cases, [] was investigated by the People's Procuratorate.
A. Case of illegal possession of property and custody B. Case of illegal intrusion into other people's houses
C.d. extorting a confession by torture
8. The person who has the right to make a decision on the withdrawal of the clerk of the people's court is []
A. Presiding Judge B. President of the Court
C. Judge D. President of the Court
9. In the investigation stage, the lawyer hired by the criminal suspect has the right to []
A. Consult, extract and copy the materials related to this case
C. Understand the alleged crime of the criminal suspect D. Understand the investigation situation from the investigators.
10. Among the following evidences, [] may be the direct evidence.
A. blood of murder weapon B.
C. Fingerprints D. Victim's statement
1 1. The organ that has the power to execute arrest according to law is [].
A. People's courts B. People's procuratorates
C. Public security organs D. Public, procuratorial and judicial organs
12. When a public security organ needs to detain a prisoner, it shall make a decision by [].
A. approval by the person in charge of the public security organ B. approval by the procurator-general of the people's procuratorate at the same level.
C. approval by the procuratorial Committee of the people's procuratorate at the same level D. approval by the people's court at the same level.
13. The longest period of residential surveillance shall not exceed []
3 months B.6 months
C. 12 months D. The whole legal time limit for handling cases
14. A woman's body should be searched by [].
A. female staff B. doctor
C. female staff or doctors; D. the next of kin of the searched person.
15. According to the provisions of the Criminal Procedure Law, the time limit for investigation and detention shall not exceed []
A. one month b two months c three months d six months
16. In criminal proceedings, the institution that has the right to designate hospitals for psychiatric appraisal is [].
A. Provincial People's Government B. Provincial Public Security Organs
C. Provincial People's Procuratorate D. Provincial Higher People's Court
17. The people's procuratorate examines the case transferred for prosecution by the public security organ, and if the criminal suspect has one of the circumstances stipulated in Article 15 of the Criminal Procedure Law, it shall make a decision.
A.b. decision not to prosecute
C. Decision to dismiss the case D. Decision to return the case to the public security organ for supplementary investigation
18. If the victim refuses to accept the decision made by the people's procuratorate not to prosecute, he may appeal to the people's procuratorate at the next higher level. The appeal period is [] after receiving the decision.
Within a.3 days, b.5 days, c.7 days, D. 10 days.
19. The members of the collegial panel refer to []
A.b. judges and people's jurors
C. Judges and prosecutors who appear in court to support public prosecution D. People's jurors and clerks
20. In the process of court hearing, if the parties apply for withdrawal and cannot continue the trial, they may []
A. Interrupt the trial B. Interrupt the trial C. Interrupt the trial D. Reject the case
2 1. During the trial, the person who has the right to apply for notifying new witnesses to appear in court and obtaining new material evidence is [].
A. Defendant B. Defendant and his counsel
C.d. parties, defenders and agents ad litem
22. After the people's court decides to hold a hearing, the time for serving a copy of the indictment on the defendant is [] at the latest.
A. Three days before the trial
C. 7 days before the trial D. 65438+ 00 days before the trial.
23. The person who refuses to accept the effective judgment of the local people's courts at all levels at the end of the first instance and has the right to request the people's procuratorate to lodge a protest is []
A.b. private prosecutor
C. Victims and their agents ad litem, victims and their legal representatives and close relatives
24. Among the following persons, the person who has the right to appeal should be []
A. Participants in the proceedings B. Criminal suspects
C. Victims D. Private prosecutors
25. The following cases of immediate execution of death penalty shall be reported to the Supreme People's Court for approval [].
A. Arson B. Poisoning
C.d. robbery
26. The presidents of the people's courts at all levels must submit [] when they find that there are errors in the legally effective judgments and rulings of our court.
A. The collegial panel of the original trial handled B. The reconstituted collegial panel handled it
C. Court of Appeal handling D. Judicial Committee handling
27. A criminal sentenced to fixed-term imprisonment or criminal detention shall be issued with a certificate of release after the expiration of his execution.
A. Public security organs B. Former public prosecution organs
C.d. executive organ
28. The court that has the power to approve the immediate execution of the death penalty of a corrupt criminal is [].
A. the Supreme People's Court B. Higher People's Court
C.d. special people's courts
29. The court where a criminal sentenced to death with a two-year reprieve requests commutation is [].
A. Former People's Court of First Instance B. Former People's Court of Second Instance
C. local higher people's court D. the higher people's court that originally approved the suspension of death.
30. When examining and deciding whether to file a case, the public security organ must pay attention to the characteristics of juvenile criminal cases, first of all []
A. Age
C. Ability to distinguish right from wrong D. Ability to control yourself
Second, multiple-choice questions (this big topic ***5 small questions, each small question has 2 points, *** 10 points), of the 5 options listed in each small question, 2 to 5 options meet the requirements of the topic. Please put a letter before the correct option in brackets after the question. Multiple choices, fewer choices, and wrong choices all have no scores.
3 1. The legal representative includes []
A. The principal's parents
C. The principal's adoptive parents and the principal's guardian
E. representatives of the agencies and organizations responsible for protecting the clients.
32. Applications for withdrawal include []
A. Investigators, prosecutors and judges handling this case
B. the court acts as a clerk of the case record.
C. clerk of the procuratorate
D. The appraisers and translators in this case
E. Defenders and agents ad litem
33. The organ that has the power to impose criminal detention according to law is [].
A. Public security organs B. People's Procuratorate
C.d. Public security organs, people's procuratorates and people's courts
E. People's Procuratorate and People's Court
34. In the process of court hearing, with the permission of the presiding judge, those who have the right to express their opinions on evidence and cases may argue with each other.
A. Prosecutor B. Client
C. Defender D. Agent ad litem
E. the legal representative of the party concerned
35. In the following cases, [] is not restricted by the principle of no additional punishment on appeal.
A the defendant appealed and the people's procuratorate also protested.
B. the defendant appealed, and the private prosecutor also appealed.
C. the defendant did not appeal, but the private prosecutor appealed.
D the defendant did not appeal, but the defendant's legal representative appealed.
E with the consent of the defendant himself, his close relatives appealed.
Part II Non-multiple choice questions
Three. Noun explanation (this topic is entitled ***5 small questions, with 3 points for each small question, *** 15 points).
36. Incidental civil action
37. Compulsory measures
Review and prosecute
defensive system
40. Burden of proof
Four, short answer questions (this big topic ***2 small questions, 9 points for each small question, *** 18 points)
4 1. How should the Higher People's Court handle the cases that should be commuted and executed immediately when reviewing the cases of suspended execution of death penalty?
42. Briefly describe the principle that no one can be found guilty without the judgment of the people's court according to law.
V. Essay questions (15 marks)
43. Try to describe the similarities and differences between the trial supervision procedure and the second instance procedure.
Six, case analysis (12 points)
44. Yu was sued to an intermediate people's court for committing intentional homicide and robbery. Yu asked his father to hire a defense lawyer for him. Yu's father asked Wang, who had studied law. Wang replied that according to Yu's crime, he is likely to be sentenced to death, and he must hire a lawyer, otherwise it will be difficult to safeguard his legitimate rights and interests. With a lawyer, many problems can be solved. If the death penalty is imposed, lawyers can also directly appeal to the High Court. When Yu Fu asked how long it would take to execute the death penalty, Wang said that if the Provincial High Court upheld the death penalty, it would report it to the Supreme People's Court for review. After the Supreme Court approved it, it would issue an execution order, and the lower court would execute the death penalty within ten days after receiving the execution order.
Ask Wang what is wrong with answering his father's questions and write them down one by one.