A few days ago, Qin Bin, deputy governor of Enshi Prefecture People's Government of Hubei Province (deputy department level), was suspected of abusing his power, embezzling and accepting bribes, and was assigned jurisdiction by Hubei Provincial People's Procuratorate. Huangshi Municipal People's Procuratorate brought a public prosecution to Huangshi Intermediate People's Court according to law.
In the stage of examination and prosecution, the procuratorial organ informed the defendant Qin Bin of his litigation rights according to law, interrogated the defendant Qin Bin according to law and listened to the opinions of his defenders. The indictment of Huangshi Municipal People's Procuratorate alleges that from 2005 to 20 14, the defendant Qin Bin did not perform his functions and powers correctly during his tenure as executive deputy mayor and mayor of Enshi Municipal People's Government, deputy governor of Enshi Prefecture People's Government and commander of Enshi Cultural Center Construction Project Command, causing economic losses to the country; Whoever takes advantage of his position to seek benefits for others, accepts other people's property and misappropriates public funds of Enshi People's Government shall be investigated for criminal responsibility for the crimes of abuse of power, corruption and bribery according to law.
1. According to the provisions of the Criminal Procedure Law, the cases tried by the Intermediate People's Court are: (multiple choices)
A. Cases endangering national security B. Cases of terrorist activities
C. Cases in which the death penalty may be imposed
2. Qin accepted a bribe in the form of a shopping card in a shopping mall, and then forgot to spend it, resulting in the expiration of the shopping card and the amount in the card being returned to the original payment account, then Qin's behavior was established: (single choice)
A. Crime preparation B. Attempted crime C. Discontinued crime D. Accomplished crime
3. The following measures are correct: (multiple choices)
A. After the investigation by the public security organ is completed, it is submitted to the procuratorate for examination and arrest of Qin.
B after the people's procuratorate decides to arrest Qin, it shall hand it over to the public security organ for execution.
C. After collective research by the leaders of the supervisory organs, Qin was taken as a lien.
D. the seriousness of collecting criminal evidence in Qin.
4. If Qin proposes to entrust a defender after the crime, which of the following people can't act as a defender: (single choice)
A. Lawyers
B.qin's friend
C.qin's brother
D. A colleague of Qin was sentenced for corruption.
Reference answer and analysis
1. Answer ABCD. Analysis: Article 20 of the Criminal Procedure Law stipulates that the Intermediate People's Court shall have jurisdiction over the following criminal cases of first instance: (1) Cases endangering national security and terrorist activities; (2) Cases that may be sentenced to life imprisonment or death penalty. So the answer to this question is ABCD.
2. Answer D. Analysis: Qin's behavior has met the constitutive requirements of the crime of accepting bribes and constitutes a accomplished crime. The expiration of the shopping card because it has not been consumed does not affect the identification of the criminal form. So, the answer to this question is D.
3. answer the CD. Analysis: bribery of state employees is a case investigated by the supervisory Committee, and option AB is wrong. Article 40 of the Supervision Law stipulates that supervisory organs shall investigate cases of duty violations and duty crimes. Article 43 of the Supervision Law stipulates that the lien measures taken by the supervisory organ shall be decided by the collective leadership of the supervisory organ. If the supervisory organ below the city divided into districts adopts lien measures, it shall report to the supervisory organ at the next higher level for approval. The provincial supervisory organ shall report the lien measures to the National Supervisory Commission (NSC) for the record. Article 40 of the Supervision Law stipulates that the supervisory organ shall investigate cases of duty violations and duty crimes, collect evidence of whether the investigated person has committed criminal acts and the seriousness of the circumstances, find out the criminal facts, and form a complete, stable and mutually corroborating evidence chain. So the answer to this question is CD.
4. Answer D. Analysis: According to Article 32 of the Criminal Procedure Law, a criminal suspect or defendant may entrust one or two people as defenders in addition to exercising the right of defense. The following persons may be entrusted as defenders: (1) lawyers; (2) A person recommended by a people's organization or the unit to which the criminal suspect or defendant belongs; (3) Guardians, relatives and friends of criminal suspects and defendants. A person who has been sentenced to punishment according to law or deprived of or restricted personal freedom shall not act as a defender. So, the answer to this question is D.