Criminal Law
1. Multiple choice questions: 1-2 questions, 1 point for each question, 2 points for * * *. Of the four options given in each of the following questions, only one meets the requirements of the test questions. Please black out the letters of the selected items on the answer sheet.
1. A committed intentional homicide in August 1997 and was arrested and brought to justice in July 24. In the criminal law of 1979 and the criminal law of 1997, the standards of conviction and punishment and statutory punishment for intentional homicide are exactly the same. For this case ().
a. The criminal law of 1997 should be applied
b. The criminal law of 1979 should be applied
c. The judicial committee of the court hearing this case decides whether to apply the criminal law of 1979 or 1997
d. Report to the Supreme People's Court to decide whether to apply the criminal law of 1979 or 1997
2. The main basis for classifying crimes in China's criminal law is ().
A. General object of crime B. Similar object of crime C. Direct object of crime D. Object of crime
3. A wrapped his wife's three-day-old baby girl in front of the hospital and hid it for observation. Seeing the crowd watching and talking, I feel free to leave. The next morning, A went to the door of the hospital to see that the baby girl was still there, but she was frozen to death because of the low temperature at night. On this basis, the judge ruled that A constituted the crime of abandonment. A behavior belongs to ().
a. pure doer B. impure doer
C. pure omission D. impure omission
4. With the help, supervision and guidance of relevant people, criminals can better adapt to social free life and reduce the probability of committing crimes again. The system that can better reflect this concept among the following options is ().
A. Probation B. Control C. Parole D. Commutation
5. Mental patients who have not completely lost their ability to recognize or control commit acts that seriously endanger society. A. no criminal responsibility B. criminal responsibility should be borne, but the punishment should be mitigated or exempted
C. full criminal responsibility should be borne D. criminal responsibility should be borne, but the punishment can be lightened or mitigated
6. according to the theory of criminal law and judicial practice in China, it is most likely to rule out the misunderstanding of a certain criminal intent ().
a. wrong understanding in law B. wrong understanding in object C. wrong understanding in means D. wrong understanding in object
7. which of the following situations can not be considered as a crime ().
A. A called to invite his friend Li to rob together
B. B. B. B told his friend Zhao that he would kill his enemy Chen Mou
C. C. C. poisoned Zhang's watchdog in order to steal Zhang's property
D. D. D. D. conducted a follow-up investigation on Liu's activities in order to facilitate the robbery
8. A went to B's residence to kill B and arrived at B's residence. A behavior belongs to ().
a. preparation for crime B. discontinuation of crime C. attempted crime D. no criminal act
9. among the following acts, the one that should be convicted and punished for intentional homicide is ().
during an argument with Qian, A suddenly took out a dagger he carried with him and stabbed Qian, causing him serious injury
B. B. used violence to kill Sun in the process of illegally detaining Sun
C. C. C. killed Li in the process of kidnapping Li and extorting property from his family
D. D. D. set fire to the public building.
a. implicated offense B. imaginative joinder offense C. continuing offense D. continuing offense
11. which of the following crimes ends after the crime is completed, but the illegal state caused by the crime may still exist ().
A. Crime of fraud B. Crime of intentional homicide C. Crime of illegal detention D. Crime of illegal possession of guns
12. Zhao commits crime A and should be deprived of political rights according to law. The collegial panel put forward the following four sentencing opinions, among which the opinion that must be wrong is ().
a. sentenced to 2 years' imprisonment and 1 year's additional deprivation of political rights
b. sentenced to 2 years' imprisonment, suspended for 3 years, 1 year's additional deprivation of political rights
c. sentenced to 2 years' public surveillance, 1 year's additional deprivation of political rights
d. sentenced to 6 months' criminal detention and 1 year's additional deprivation of political rights
13. A was sentenced in June 23. During the review of this case, Party A voluntarily confessed that he had defrauded Zhang of 4, yuan in March 1997. When punishing the crime of fraud, the amount of crime should be ().
a.34, yuan, B．3 yuan, C．19 yuan, D．15 yuan
14.
A. Three people were killed,
B., who was responsible for the accident, killed two people,
C., who was equally responsible for the accident, killed one person,
D., who was mainly responsible for the accident, was unable to compensate for property losses of more than 2, yuan but less than 3, yuan, and
15. Party A opened a small auto repair shop.
A. Constitutes the crime of theft and destruction of means of transport, and is punished for several crimes
B. Constitutes the crime of theft and destruction of means of transport, and is an imaginative joinder of offenses. C. Only constitutes the crime of destruction of means of transport
D. Only constitutes the crime of theft
16. An overseas smuggler smuggled oil into China and evaded customs duties of 5, yuan. Wang's behavior constitutes ().
A. Crime of illegal business operation B. Crime of smuggling ordinary goods
C. Crime of purchasing stolen goods D. Crime of tax evasion
17. The key to the difference between the crime of fund-raising fraud and the crime of illegally absorbing public deposits is ().
a. Does it involve a huge amount of money? B. Does it involve many victims? C. Does it have the purpose of illegal possession? D. Is it organized and implemented by the unit?
18. A male (15 years old) and a female (13 years old) study in the same middle school. They met and became friends when they participated in school cultural and sports activities, and their relationship became increasingly close. One day, they were found having sex in the park. According to A, the two had a one-time relationship in their own home. Both Party A and Party B indicated that it was voluntary. B's parents demanded that A should be investigated for criminal responsibility. After investigation, the two were indeed voluntary and did not cause other serious consequences. A behavior ().
A. Constitute the crime of raping a young girl B. Constitute the crime of rape
C. If the circumstances are obviously minor and the harm is not great, it is not considered a crime D. Constitute the crime of child molestation
19. Among the following acts, the act that is not a crime of obstructing official duties is ().
a. the behavior that party a obstructs the staff of the administrative department for industry and commerce from investigating and dealing with fake and inferior commodities according to law
b. the behavior that party b obstructs the managers of state-owned companies from performing their duties of organizing production and operation according to law by violence and threat
c. the behavior that party c obstructs the deputies of the Municipal People's Congress from performing their duties according to law by violence and threat
d. In the event of a major flood, party d obstructs the staff of the Red Cross Society from performing epidemic prevention according to law by violence and threat.
a. witness B. witness, expert
C. witness, expert, recorder D. witness, expert, recorder, translator
2. Multiple choice questions: 21-25 questions, 2 points for each question, 1 points for * *. Of the four options given in each of the following questions, two to four are in line with the requirements of the test questions. Please black out the letters of the selected items on the answer sheet. Multiple choices, fewer choices or wrong choices are not scored.
21. According to the provisions of China's criminal law, which of the following situations applies the principle of territorial jurisdiction ().
A. Alien A was hunting outside China, and accidentally hit a foreign citizen Simou in China, causing serious injuries
B. Alien B took a foreign aircraft and committed a crime on it when it entered China's airspace
C. China C took a civil aircraft in China and committed a crime on it when it entered foreign airspace
D. China people hunted in China. Bumou, a foreign citizen outside China, was seriously injured because of his overconfidence < P > 22. Armed with a cover for drug smuggling, the court ruled that he constituted the crime of drug smuggling, sentenced him to life imprisonment and confiscated his property. Which of the following properties of A can be included in the scope of confiscation by applying the penalty of confiscation of property ().
A. Guns used by Party A in drug smuggling B. Drugs and drug trafficking funds seized by Party A
C. Five million yuan deposited by Party A in the bank account D. Two luxury cars owned by Party A
23. In the following cases, there is () that should be punished for several crimes.
a. Before the verdict was announced, it was found that Party A had committed bribery for three times, amounting to 2, yuan, 3, yuan and 5, yuan respectively.
B. B. was sentenced to two years' imprisonment and suspended for three years. During the probation period, another crime of accepting bribes of 2, yuan was found.
C. C. was sentenced to three years' imprisonment for intentional injury, during which he committed intentional crimes. After the execution, it was found that there was another major theft crime before the theft < P > 24. A mistakenly thought that he was illegally infringed by B, and he took defensive actions against B, resulting in B's death. Afterwards, it was proved that B's behavior was not illegal. A behavior ().
a. It may constitute the crime of intentional homicide. B. It may constitute the crime of negligent death.
C. It may be an accident. D. It may be excessive defense.
25. Without the permission of tobacco monopoly, Party A bought 1 boxes of "Zhonghua" brand cigarettes for wholesale and retail. When it was seized, it had sold 8 boxes and collected 1.2 million yuan. The batch of cigarettes was found to be unqualified after inspection. A behavior ().
a. committing the crime of illegal business operation B. committing the crime of selling goods with counterfeit registered trademarks
C. committing the crime of selling fake and inferior products D. being an imaginary joinder, being convicted and punished from a felony
III. Short answer: 26 and 27 small questions, with 6 points for each small question and 12 points for * * *. Please write the answer in the corresponding position on the answer sheet.
26. The establishment conditions of general recidivism and the legal consequences of recidivism stipulated in China's criminal law (short answer 26 in 25).
27. The boundary between robbery and extortion (short answer 27 in 25).
28. Please argue that "anyone who instigates others to commit crimes shall be punished as * * *".
fourth, the law analysis question: 29 small questions, 1 points. Requirements conform to the original legislative intent and criminal law theory. Write the answer in the corresponding position on the answer sheet.
29. Article 266 of the Criminal Law stipulates: "Whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 1 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail. "
(1) Please use the theory of crime constitution to analyze the crime constitution confirmed in this article.
(2) what is the meaning of "concurrently or solely fined" in this article?
(3) what is the meaning of "unless otherwise provided by this law, such provisions shall prevail" in this article?
(4) If A's fraud amount is extremely huge, but the judge sentenced A to eight years' imprisonment, what may be the basis for this judgment?
5. Case analysis questions: 3 small questions, 15 points. Write the answer in the corresponding position on the answer sheet.
3. In order to defraud insurance money, Party A spent 1, yuan to buy a second-hand brand-name car, and through the handling of his friend B, who worked as a salesman in a state-owned insurance company, he lied to the insurance company that the value of the car was 2, yuan, and insured the vehicle against theft and damage. After that, A asked a middle school student C (male, 15 years old) to pay C 5, yuan and asked C to burn the car parked in front of A's bungalow. C asked why, and A said it was a neighbor's car, and he wanted to burn it to get back at his neighbor. C said no problem, it will be solved within ten days. C takes money with his classmate Ding (male, 15 years old) to eat, drink and go to the Internet bar. Ding asked where C got a lot of money, and C told the truth and asked Ding for help.