51. which of the following options are wrong about the interpretation of criminal law?
a. The Criminal Law stipulates that "using violence, coercion or other means to * * * * a woman" constitutes the crime of * * *. According to the interpretation of arts and sciences, the husband's forced sexual intercourse with his wife can be interpreted as "* * * * woman"
B. "Violence" and "coercion" are used in the criminal law for robbery and * * * * crimes, and the statutory penalties for the two crimes are the same, so the "violence and coercion" in the two crimes should be interpreted in the same way
C. The act of robbing other people's babies for their own adoption should be regarded as robbery, otherwise it will lead to the imbalance between crime and punishment < P > D. "automatically and effectively preventing the criminal result from happening" in the discontinuation crime can be interpreted as automatically taking measures to prevent the criminal result from happening; It can also be interpreted as automatically taking effective measures to prevent the occurrence of criminal results, regardless of whether the criminal results occur
52. Which of the following options are correct about the crime of omission?
a. When a child drowned in the public swimming pool, his father A and lifeguard B deliberately failed to rescue him. Both Party A and Party B are guilty of the crime of omission < P > B. During the divorce proceedings, if the husband mistakenly believes that he has no obligation to help his wife who fell into the water, and his wife drowned, he is guilty of negligent omission < P > C. A can save his mother in case of fire, but he didn't save his mother to save his girlfriend. If there is no reason to rule out the crime, A constitutes a crime of omission < P > D. A poisoned B's coffee, handed it to C after seeing B drink a few mouthfuls, and because of fear that the crime would be exposed, A failed to stop C from drinking coffee, resulting in both B and C's death. A is a crime against B and a crime against C.
53. Which of the following options is correct about causality?
a. When driving through the intersection and turning right, a cigarette butt thrown by pedestrian B hit his face, causing the vehicle to go out of control and kill C. As long as there is a causal relationship between A's behavior and C's death, A should bear the criminal responsibility for the crime of causing traffic accidents < P > B. After A * * * B, he threatened not to call the police, otherwise he would kill B. After calling the police, B worried about being killed by A and committed suicide. If there is no threat from A, B won't commit suicide, so there is a causal relationship between A's threatening behavior and B's death. < P > C. When driving through an unlit road at night, A accidentally knocked down C and moved on, and then B didn't pay attention and drove over C. Even if it can't be proved that Party A directly ran over Party C, there must be a causal relationship between Party A's behavior and Party C's death < P > D. Party A and Party B had an argument with Party C because of trivial matters, and then fought with each other at the elevator entrance, and the elevator door was squeezed and deformed by external force to open, causing Party C to fall into the elevator passage and die. Although it is involved in the abnormal opening of the elevator door, it should be affirmed that there is a causal relationship between the behavior of A, B and C's death
54. Which of the following options is correct about the unit crime?
a. As far as the same crime is concerned, the standards of accomplishment of unit crime and natural person crime are exactly the same
B. Article 17 of the Criminal Law does not stipulate the unit as the subject of the crime of counterfeiting currency, so if the unit forges currency, the relevant natural person does not constitute a crime
C. Manager Zhao, in order to safeguard the company's interests, calls the employees of the unit to beat the court enforcement staff and refuses to execute the effective judgment, establishes a unit crime
In this regard, the criminal responsibility of the crime of selling fake and inferior products by relevant natural persons should be investigated
55. Which of the following options is correct about the understanding of intention and illegality?
a. party a mistakenly believes that buying and selling gold constitutes a crime of illegal business operation, but in fact it does not violate the criminal law. A committed a crime intentionally, and attempted to commit a crime
B. A mistakenly thought that his act of stealing guns was only a crime of theft. There is a mistake in understanding the provisions of the Criminal Law, so there is no criminal intention of stealing guns, and the penalty for A cannot be heavier than theft < P > C. A detained Chen Mou, a drug addict, for several days. A realized that his behavior deprived Chen Mou of his freedom, but mistakenly thought that the Criminal Law did not prohibit ordinary citizens from compulsory detoxification. If Party A commits a crime intentionally, he should be investigated for criminal responsibility for the crime of illegal detention. < P > D. Party A knows that his behavior is harmful, but he doesn't know whether it violates the Criminal Law, so he consulted the Chinese teacher in middle school. After being told that it is not illegal, Party A carried out the behavior. But in fact, the Criminal Law prohibits this behavior. Party B's answer does not affect Party A's intentional crime
56. Party A carefully set up roadblocks on the remote road where Party B must ride a motorcycle, trying to make Party B fall to his death. After learning of A's murder plan, C tricked his enemy Ding into riding through the road, and Ding really fell to his death. Which of the following options are correct about this case?
There is a causal relationship between A's behavior and Ding's death. A's guilt
B's behavior belongs to the wrong object, which constitutes the crime of intentional homicide.
C's ignorance of his behavior constitutes the crime of intentional homicide.
D 'C uses A's behavior to cause Ding's death, which may lead to the establishment of an indirect principal offender.
57. A card goes to ATM to withdraw money, and 5 yuan is withdrawn in the first two times. When preparing to withdraw money again, B came over and said, "Be careful, don't have an accident." A replied, "It will be ready soon." A takes out 6 yuan twice and hands it to B. After receiving the money, B stood for a while and said, "I'm leaving, be careful." A then took out 7 yuan. Which of the following options are correct about this case?
A. Party A picked up someone else's bank card and used it on an ATM machine. According to the judicial interpretation, the crime of credit card fraud was established.
B. Party B was not criminally responsible for Party A's two previous withdrawals of 5, yuan.
C. B took over 6, yuan from Party A, which constituted a cover-up and concealment of the crime.
Although D. B did not withdraw money with a bank card, it also constituted a crime, and the crime amount was 1. The three men picked up sticks and chased Hu, causing serious disorder in the park. After chasing Hu to a remote place at the back door of the park, B and C left for some reason. Then A caught up with Hu and hit his head with a wooden stick, causing his death. Which of the following options are correct about this case?
whether A. A commits the crime of intentional homicide and the crime of seeking trouble
whether the chasing behavior of B. B. and C. constitutes the crime of seeking trouble or not is a different question from whether this behavior can create the obligation to help Hu.
The chasing behavior of C. B. and C. leaves Hu in a helpless situation, but it is impossible to foresee that A will kill Hu, and the crime of negligent death is not established.
D. B. and C.
A. A commits bigamy and maltreatment, and may be suspended after several crimes are combined
B. B. A. A. A. A. A. A. A. A. A. B. A. A. A. A. A. A. A. A. A. A. A. A. A. A. A. A. A. A. A. A. A. A. A. A. A. A. A. A. A. A. A. A. A. A. A. A.
even after 3 years, A may be prosecuted for committing the crime of hijacking an aircraft.
B. B embezzled 5, yuan of public funds for marriage on January 1, 213 and returned it on July 1, 213. The time limit for prosecuting Party B should be calculated from January 1th, 213.
C. C intentionally slightly injured Li in 2, and it was not until 28 that Li reported the case, but the public security organ did not file a case. In 214, C was arrested for something else. Can't prosecute the criminal responsibility of intentional injury of C.
D. D. and Wang both committed contract fraud. Before the expiration of the prosecution period for contract fraud, Wang committed the crime of robbery alone. The limitation of prosecution for the crime of contract fraud should be calculated from the day when Wang commits the crime of looting
61. Which of the following acts (regardless of quantity) should be punished as the crime of smuggling ordinary goods and articles?
A. Smuggle silver from abroad into China
B. Smuggle old motor vehicles whose import and export are prohibited by the state
C. Smuggle * * articles with the purpose of spreading but not making profits
D. Smuggle warheads and shells that cannot be assembled and used (not waste)
62. Party A and Party B (female) began to live together in 212. Although Party A and Party B have not registered for marriage, they pretend to be husband and wife, and the surrounding people recognize them as husband and wife. Which of the following analyses is correct about A's behavior?
A. Party A maltreats Party B for a long time, which constitutes the crime of maltreatment
B. When Party A injures Party C (causing minor injuries to Party C), Party B does not stop it, which constitutes the crime of intentional injury by omission
C. If Party A and Party D (female) no longer live together with Party B and do not raise Party C after obtaining the marriage certificate, it may constitute the crime of abandonment
D.
A. A said to Li's nanny, "The laptop that Li is using now is mine. Please give it back to me." The nanny believed it and gave the computer to A. B. A said to B who holds foreign currency, "You have counterfeit money in your hand, so you have to throw it away, or you will go to jail." B throws away the foreign currency, and A takes the opportunity to pick it up
C. A raises money for the victims, and most people donate several hundred yuan. When the wealthy businessman passed the fund-raising place, A said, "Many people donated 1, to 2, yuan. Please donate more." The rich businessman believed it and donated 2, yuan
D.B. stole the motorcycle and prepared to ride it away. A felt suspicious and pretended to be the owner of the motorcycle and said, "Do you want to ride my car away?" B abandoned the car and fled, and A took the motorcycle for himself
64. Which of the following statements is correct about the legal procedure?
a. Procedural legality requires the law to stipulate the criminal procedure in advance
b. Procedural legality is one of the important contents of the statutory principles in civil law countries
c. Anglo-American countries practice precedent system instead of procedural legality
d. Taking the law as the criterion means that China implements procedural legality
65. Which of the following options is correct about the organizational system of public security organs and their functions and powers in criminal proceedings?
a. The public security organs exercise unified leadership and hierarchical management, and issue wanted orders in areas beyond their jurisdiction, which should be reported to the superior public security organs with power.
b. Based on the integration of procuratorial work, the independent exercise of functions and powers by the procuratorate means that the procuratorial system as a whole exercises its functions and powers independently.
c. There is a leadership relationship between the superior and the subordinate, and the superior procuratorate thinks that the second-instance protest of the lower procuratorate is improper. You can directly withdraw your protest from the court at the same level
D. There is a relationship of supervision and guidance between the higher and lower levels of the court. If the higher court thinks that the lower court is more suitable, it can refer the case under its jurisdiction to the lower court for trial
66. Which of the following options is correct about the litigation rights of the victims in criminal proceedings?
a. Withdraw the prosecution, apply for withdrawal
b. Entrust an agent ad litem, file a private prosecution
c. Apply for reconsideration, file an appeal
d. Apply for a protest, file a complaint
67. Sun is the chief of the customs of A province and B city, conspiring with smuggling groups to smuggle cultural relics prohibited by the state, and the circumstances are particularly serious. Which of the following options is correct about the jurisdiction of this case?
a. The public security organ can file a case for investigation
b. Upon the decision of the procuratorate of A province, the procuratorate can file a case for investigation
c. After the procuratorate of A province decides to file a case for investigation, it can conduct its own investigation
d. After the procuratorate of A province decides to file a case for investigation, it can designate the procuratorate of C city of A province for investigation
68. The minor Xiao Fu is suspected of intentionally hurting Yuan, and Yuan filed a private prosecution with the court. Xiao Fu's father entrusted lawyer Huang as a defender, and Yuan entrusted his son who was studying in law school as an agent ad litem. In this case, which of the following persons has the right to ask the judge to withdraw?
A. Huang
B. Yuan
C. Yuan's son
D. Xiao Fu's father
69. Which of the following understandings is correct about the principle of effective defense?
A. The establishment of the principle of effective defense is helpful to the realization of equal adversary
B. Effective defense is a principle mainly applicable to the trial stage, but the protection of the interests of defense in the investigation, review and prosecution stage is the premise of effective defense in the trial stage
C. According to the requirements of the principle of effective defense, Generally speaking, the time for the defendant and his defenders to speak should not be limited during the court hearing.
D. It is against the principle of effective defense to assign lawyers with no criminal defense experience to provide legal aid to defendants who may be sentenced to life imprisonment or death penalty.
7. Which of the following options is correct about supplementary investigation?
a. In the stage of examination and approval of arrest, the public security organ can only be informed of supplementary investigation if the arrest is not approved.
b. The supplementary investigation in the stage of examination and prosecution is limited to two times.
c. In the trial stage, the procuratorate shall conduct its own investigation and shall not return it to the public security organ for supplementary investigation.
d. In the trial stage, the court shall not recommend the procuratorate to make supplementary investigation.
71. the National People's Congress Standing Committee (NPCSC)'s opinion on Article 271, paragraph 2 of the Criminal Procedure Law. The victim may appeal to the procuratorate at the next higher level against the conditional decision not to prosecute and the decision not to prosecute made by the procuratorate, but he cannot file a private prosecution with the court. Which of the following options is correct about the understanding of this explanation?
A. It increases the opportunity to listen to the victim's statement
B. It is conducive to the diversion of juvenile criminal suspects
C. It embodies the special protection for juvenile criminal suspects
D. It is a manifestation of criminal prosecution monopolism
72. Gao took advantage of his position to accept bribes many times and hired a murderer to seriously injure his subordinate Wang. Which of the following options are correct about the pre-trial meeting of this case?
A. Gao can raise an objection to the jurisdiction of the case
B. Wang can file an incidental civil lawsuit, which can be mediated
C. Gao claims that his confession was obtained by torture, and the judge can decide whether to exclude the confession on the basis of reviewing the simultaneous video recording during interrogation
D. The evidence presented at the pre-trial meeting can be simplified, and the proof and cross-examination at the trial can be simplified
73. Which of the following statements is correct about Zou's rights?
a. Chen Mou's growth experience, criminal reasons, guardianship education and other conditions can be investigated and submitted to the court.
b. The court can object to the application of summary procedure to the case, so the court