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Criminal Law

1. Multiple choice questions

1. Which of the following people can be the subject of the crime of illegally depriving citizens of their freedom of religious belief?

A. Secretary of the Township Government Office

B. University President

C. TV host

D. Manager of a state-owned company

Answer A

Analysis: The crime of illegally depriving citizens of freedom of religious belief refers to the serious behavior of state agency staff who illegally deprive citizens of freedom of religious belief.

2． Lu, a mechanic at an airport, was dissatisfied with the airport leadership. While performing mechanical maintenance on a Boeing 747 aircraft waiting to perform a mission, he deliberately damaged the aircraft's engine unit. But it happened that this aircraft was not put into operation this time. On the second day of operation, the mechanic Chen discovered the fault while inspecting the aircraft and rectified it promptly. How to determine Lu’s behavior?

A. Attempted crime of intentional destruction of public and private property

B. Attempted crime of damaging means of transportation

C. The crime of intentional destruction of public and private property has been completed

D. The crime of damaging means of transportation has been completed

Answer D

Analysis: The crime of damaging transportation means it has been completed.

3. Which of the following criminal acts is not limited to state agency staff?

A. Crime of dereliction of duty

B. Helping to commit crimes is divided into crimes of evading punishment

C. Crime of dereliction of duty causing damage and loss of precious cultural relics

D. Crime of intentional disclosure of state secrets

Answer: D

Analysis; see the provisions of Articles 397, 398, 417, and 419 of the Criminal Law.

4． The perpetrator intended to transport others across the border (border) illegally for the purpose of making profit. However, due to the rudimentary means of transportation and the lack of necessary safety conditions, many people being transported were seriously injured and died. How should this behavior be determined?

A. The serious circumstances of the crime of transporting others across the national (border) border

B. Transporting others across national (border) borders illegally and negligently causing death or negligently causing serious injury are both punishable

C. The crime of transporting others across the national (border) border illegally and the crime of negligent causing death, and the crime of negligent causing serious injury shall be punished as a felony

D. The crime of negligent causing death and the crime of negligent causing serious injury are punishable together

Answer: A

Analysis: See Article 321 of the "Criminal Law" for aggravated crimes.

5. The perpetrator, Gao, caused serious damage to a large number of precious cultural relics in the process of robbing ancient tombs. How to determine Gao's behavior?

A. The serious circumstances of the crime of robbing ancient tombs

B． Crime of intentional damage to precious cultural relics

C. The crime of robbing ancient tombs and the crime of intentionally damaging precious cultural relics are punished together

D. The crime of excavating ancient tombs and the crime of intentionally damaging precious cultural relics shall be punished as a felony.

Answer: A

Analysis: Whoever excavates ancient tombs and steals precious cultural relics or causes serious damage to precious cultural relics is considered a felony. An aggravated charge of the crime of robbing ancient tombs. See Article 328 of the Criminal Code.

6. After the perpetrator committed the robbery, he killed the victim for the purpose of silencing him. How to determine the perpetrator's behavior?

A. Aggravating circumstances for robbery

B. Robbery

C. Robbery and intentional homicide are punishable together

D. Intentional homicide

Answer: C

Analysis: One crime and several crimes in robbery. If violence or other methods are used in the robbery, resulting in the death of the victim, the crime can only be charged as robbery. Discuss and punish; If the perpetrator robs property and then kills the victim to silence him, he shall be punished for robbery and intentional homicide. If the perpetrator discovers the deceased's property after the murder and steals it for a relatively large amount, he should be charged with intentional homicide and theft, and be punished for both crimes. If the amount is small, he will still be charged with intentional homicide.

7. An individual small coal kiln run by Huang in a certain city only opened a coal mining tunnel and started mining. After inspection, the competent authorities found that the coal kiln only had air supply vents and no air exhaust vents, so they notified it in writing to suspend operations for rectification. Huang continued mining without delay. , finally due to the high gas concentration, an explosion occurred, killing 9 miners. What kind of crime does Huang's behavior constitute?

A. Crime of major liability accident

B. Crime of major engineering safety accident

C. Crime of major labor safety accident

D. The crime of negligent explosion

Answer: C

Analysis: The crime of major labor safety accidents refers to the fact that the labor safety facilities of factories, mines, forest farms, construction companies or other enterprises and institutions do not meet the standards. The state stipulates that after the relevant departments or employees of the unit have raised the alarm, no measures are taken to deal with the hidden dangers of the accident, resulting in a serious casualty accident or other serious consequences.

8. Which of the following crimes is constituted by killing the person being interfered with because of violent interference with the freedom of marriage?

A. Crime of violent interference with freedom of marriage

B. Intentional homicide

C. An aggravated charge of violent interference with freedom of marriage

D. The crime of violent interference with freedom of marriage and the crime of intentional homicide

Answer: B

Analysis: The intention and behavior of killing have exceeded the scope of violent interference with freedom of marriage, and there is no consistent description of violent interference , so the crime of intentional homicide should be charged, rather than the crime of violent interference with freedom of marriage and the crime of intentional homicide, and it is not a case of causing the death of the victim.

9. Lin, a confidential employee of a certain state agency, took advantage of his position to provide top-secret access to a large number of state secrets he knew and mastered to overseas reactionary organizations. How should this behavior be determined?

A. Crime of intentionally leaking state secrets

B. Illegally providing state secrets to overseas countries, intelligence crime

C. Crimes of intentionally leaking state secrets and illegally providing state secrets to overseas countries, intelligence crimes

D. The crime of illegally obtaining state secrets and illegally providing state secrets for overseas purposes, and the crime of intelligence

Answer: B

Analysis: Intentional disclosure of state secrets to persons within the territory constitutes intentional disclosure of state secrets crime.

10. Ji’s parents were extremely dissatisfied with his relationship with villager Xiao Zhang, and tried their best to sabotage it, resulting in which of the following behaviors should the public security organs not take the initiative to open a case for investigation?

A. After beating Ji in public and confining him, Ji committed suicide

B. Binding Ji so tightly that he died

C. Beating Ji, severely injuring him, and dying due to lack of timely rescue

D. First, Ji was hung up and beaten, and then he was secretly betrothed to someone else

Answer: D

Analysis: Those who violently interfere with the freedom of marriage will only be dealt with after being informed. However, this does not apply to cases that cause the death of the victim.

2. Multiple choice questions

1. When a company commits any of the following crimes, a double penalty will be imposed, that is, the unit will be fined, and the directly responsible person in charge or other responsible personnel will also be required to bear criminal liability?

A. Crime of providing false financial reports

B. Crime of fraudulent issuance of stocks and bonds

C. Crime of falsely reporting registered capital

D. Crime of illegally operating similar business

Answer: BC

Analysis: See Articles 158, 160, 161, and 165 of the Criminal Law.

2. Employees in factories, mines, forest farms, construction industries or other enterprises and institutions disobey management, operate in violation of regulations, and cause which of the following losses constitute the crime of major liability accidents?

A. 1 person died

B． 3 people were seriously injured

C. The direct economic loss amounted to 45,000 yuan

D. The direct economic loss reached 300,000 yuan, and the workshop stopped production for 10 days

Answer: ABD

Analysis: The so-called major casualty accident generally refers to the death of more than 1 person, or the serious injury of more than 3 people , the so-called serious consequences include both major ones, or those where the amount is not huge but the circumstances are serious, causing heavy losses to production and work.

3. Which of the following behaviors are not subject to concurrent punishment for multiple crimes?

A. Carrying out illegal manufacturing of firearms, illegal transportation of ammunition, illegal storage of explosives and illegal mailing of ammunition

B. Committing the crime of serious accident causing serious injury or death

C. To illegally detain others and use violence to cause serious injury or death to others in order to recover debts

D. After raping a woman, he then committed murder to silence her

Answer: ABC

Analysis: A is an optional crime; causing serious injury or death in B is a serious liability accident crime Elements; C is stipulated by law and should be convicted and punished for intentional injury and intentional homicide; D should be punished for several crimes.

4. When Wang, a pre-examination officer of the Public Security Bureau, was investigating the theft case of Chen, a female cigarette factory worker, he did not investigate or collect evidence for the crime of stealing 209 cartons of Class A cigarettes (worth more than 1,600 yuan). , and also destroyed the incriminating materials to protect Chen from evading punishment. After Chen was released under Wang's protection, Wang used this as a threat to rape Chen many times. Which of the following statements about Wang's behavior are incorrect?

A. Crime of harboring and crime of rape

B. Crimes of bending the law for personal gain and crime of rape

C. Perjury and rape

D. Crimes of dereliction of duty and crime of rape

Answer: ACD

Analysis: The key is to determine that Wang constituted the crime of bending the law for personal gain.

5. After the actor Wang produced goods that counterfeited other people’s registered trademarks and then sold the goods, what are the incorrect identification and punishments for Wang’s behavior?

A. Crime of counterfeiting registered trademark

B. Crime of selling goods with counterfeit registered trademarks

C. The crime of counterfeiting a registered trademark is punishable together with the crime of selling goods with counterfeit registered trademarks

D. The crime of counterfeiting a registered trademark or the crime of selling goods with counterfeit registered trademarks shall be punished as a felony.

Answer: BCD

Analysis: The act of absorbing the principal and absorbing the slave should be charged with the crime of counterfeiting registered trademarks.

6. After a certain tax paying unit paid taxes in full, it then used false export declarations or other deceptive means to defraud all the taxes paid. The amount was huge. Which of the following statements about this case are incorrect?

A. Constituting the crime of tax evasion

B. Constituting the crime of fraudulently obtaining export tax refunds

C. According to the crime of tax evasion and the crime of fraudulently obtaining export tax refunds, several crimes will be punished together

D. The crime of tax evasion and the crime of defrauding export tax refunds are punishable as a felony.

Answer: BCD

Analysis: Anyone who defrauds Deng of the taxes he paid by defrauding export tax refunds will be convicted of tax evasion. punishment.

7. Which of the following behaviors of the defendant constitute serious harm?

A. The injured went into shock on the spot due to excessive blood loss, but was rescued in time and returned to normal

B. The injured person appeared to have minor injuries at the time, but the actual injury was in the brain. He later died due to brain tissue rupture and compression of the cranial nerves

C. The injured person's condition was minor at the time and he was sent to the hospital in time, but he died due to the doctor's treatment error

D. The injured person was seriously injured at the time, but there were no sequelae afterwards and his body returned to normal

Answer: ABD

Analysis: The procedure for assessing injuries must adhere to the principle of seeking truth from facts. The specific injury must be determined. analyze.

Injury procedures include the primary lesions at the time of the injury, complications directly related to the injury, and sequelae caused by the injury. During the appraisal, a comprehensive analysis and comprehensive assessment should be based on the injuries sustained during human manipulation and the consequences or outcomes of the injuries. The original injury procedure cannot be reduced due to improvement in clinical treatment and good prognosis, nor can the original degree of injury be increased due to errors in treatment or aggravation of the original condition due to injury or individual specific constitution.

8. Jiang used forged or altered financial instruments to defraud the other party's trust and obtain a relatively large amount of property during the process of signing a performance contract. Which of the following statements regarding the determination of Jiang’s behavior are incorrect?

A. Crime of financial bill fraud

B. Crime of contract fraud

C. The crime of financial bill fraud and the crime of contract fraud shall be punished for several crimes together

D. The crime of financial bill fraud or the crime of contract fraud can be punished as a felony.

Answer: ACD

Analysis: According to Article 224 of the "Criminal Law", "forged, altered or invalid bills" or other false property rights certificates as guarantees" is one of the statutory objective acts of the crime of contract fraud, and should be convicted and punished for the crime of contract fraud. It should not be punished at the same time as the crime of financial instrument fraud, nor should it be punished as a felony.

9. A cargo ship was sailing at sea when strong winds arose and a strong typhoon warning was received. At that time, it was impossible to dock to take shelter from the wind. The weather station forecast that a typhoon was about to pass through the sea area where the cargo ship was sailing. In order to save the lives of the cargo ship and crew members, the captain ordered to throw away part of the cargo (worth 30,000 yuan) to reduce the load of the cargo ship. But when the typhoon just approached the sea area of ??the freighter's route, it suddenly changed its direction and did not affect the safety of the freighter. How should the captain's behavior be determined?

A. Emergency evacuation

B. Imaginary hedging

C． Avoiding danger at the wrong time

D. Pre-hazard avoidance

Answer: CD

Analysis: The timing conditions for emergency avoidance must be an ongoing danger, that is, the danger has already occurred but has not yet ended before risk aversion can be taken . Otherwise, it is inappropriate to avoid risks, including hedging beforehand and hedging afterward.

10． Diao spent 5,000 yuan to buy a deceived Sichuan girl as his wife from a trafficker. When the girl found out the truth, she wanted to run away. Diao tied her hands and feet, forced her to have sex with her, and then locked her up to prevent her from escaping. Inside the house, a month later, the woman’s brother led public security personnel to come to the rescue. Diao blocked the door with weapons and prevented the public security personnel from entering. The stalemate lasted for more than an hour, causing many people from the whole village to come to watch. Later, the public security personnel subdued Diao and forced the police to enter. The Sichuan girl was rescued, but two public security officers were slightly injured while fighting with Diao. Which of the following crimes does Diao's behavior in this case constitute?

A. The crime of gathering a crowd to hinder the rescue of a bribed woman

B. Rape

C. Crime of buying abducted women

D. Crime of illegal detention and crime of obstructing official business

Answer: BCD

Analysis: Diao did not gather a crowd, so he used violence and threats to prevent state agency staff from rescuing the bribed women and children , constitutes the crime of obstructing official business.

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Criminal Law Study Questions

1. Multiple Choice Questions

1. In our country, Criminal law in a broad sense includes ( )

A Criminal Code B Individual criminal laws C Administrative regulations D Legislative interpretations of criminal law E Subsidiary criminal laws

2. The following basic principles that are not stipulated in our country’s criminal law are ( )

A The principle of legality of crime and punishmentB The principle of combining punishment with leniency

C The principle of self-responsibility and opposition to implicationD The principle of equality before the lawE The principle of commensurate punishment with crime

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3. The crimes in which the subject of the crime can only be a state employee include ( )

A. Crime of embezzlement B. Crime of accepting bribes C. Crime of extorting confessions by torture D. Crime of misappropriation of public funds E. Crime of major liability accident

4. A wanted to kill B, and came to the door of B's ??house with a knife. He was afraid of paying for his life, so he gave up the crime, but B was not at home at the time. A's behavior belongs to ( )

A does not constitute a crime B crime suspension C crime attempt D crime preparation

5. Which of the following crimes is a result ( )

A Explosion B Robbery C Bigamy D Intentional injury E False accusation and frame-up

6. Which of the following crimes is continued ( )

A Abandonment B Illegal Crime of detentionC Crime of theftD Crime of bigamyE Crime of concealing firearms and ammunition

7. For the following circumstances, multiple crimes should be punished together ( )

A Using violence or threats Methods to resist anti-smuggling

B Rape the trafficked women during the trafficking process

C Kidnap others and then kill the kidnapped people

D Forge credit cards and Used

E Judicial officials take bribes and bend the law for personal gain

8. The key to the difference between the crime of intentional homicide and the crime of intentional injury is ( )

A The method of committing the crime is different B Different criminal motives

C Different criminal objects D Different criminal intentions

9. A was sentenced to 15 years in prison for intentional homicide. After serving 6 years, he was sentenced to 15 years in prison for escaping. 7 years in prison. The penalty decided for A according to law should be ( )

A More than 9 years but less than 15 years B More than 9 years but less than 16 years

C More than 15 years but less than 20 years D More than 15 years and less than 23 years

10. The criminal law provides that the consequences of the crime of intentional injury include ( )

A Minor injury B Minor injury C Serious injury D Death

11. The criminal purpose only exists in ( ) crimes.

A. Indirect intention B. Direct intention C. Negligence D. Overconfidence

12. Liu was sentenced to 10 years in prison for espionage and was deprived of Political rights for 3 years. The judgment took effect on May 1, 1987. The actual time when Liu was deprived of political rights should be ( ).

A. May 1, 1987 to April 30, 1990 B. May 1, 1987 to April 30, 2000

C. May 1987 2 to May 1, 2000 D. May 1, 1997 to April 30, 2000

13. Taking defensive actions in response to an ongoing ( ) crime, resulting in unlawful infringement and casualties Yes, not criminally responsible.

A.Grand theft B.Rape C.Fighting D.Illegal detention

14. According to the criminal law, if one of the following circumstances occurs when committing the crime of theft, the death penalty may be applied.

A. Theft from a financial institution, the amount is particularly huge B. The theft is particularly serious

C. The amount of theft is particularly huge D. Theft is persistent and refuses to change

E .Theft of precious cultural relics, serious circumstances F. Theft caused other serious consequences

15. Li abducted a 15-year-old girl Zhang to leave her family, and then conspired with Zhang to sell Zhang to Sun Someone is a wife. After getting married, Zhang took the opportunity to escape, and the two used substandard means to obtain more than 20,000 yuan in cash. Li’s behavior constitutes ( ).

A. The crime of abducting women B. The crime of fraud C. The crime of abducting children D. The crime of abducting women and children

16. Wang escaped home after killing someone, and his brother saw him Wang was covered in blood, so he asked again and again and learned the facts of Wang's crime. Wang's brother was afraid that his younger brother would be subject to criminal sanctions, so he hid the dagger and bloody clothes used by Wang when he committed the crime in his home. When the public security officers came to search, he refused to hand over the dagger and bloody clothes. The behavior of Wang’s brother has constituted ( ).

A. Crime of harboring stolen goods B. Crime of covering up C. Act of knowingly failing to report D. Crime of harboring

17. Among the following crimes of producing and selling counterfeit and shoddy goods, the crime of "causing serious harm" shall not be considered "The crimes that constitute necessary conditions for crime include ( ).

A. The crime of producing and selling counterfeit drugs B. The crime of producing and selling cosmetics that do not meet health standards

C. The crime of producing and selling inferior drugs D. The crime of producing and selling cosmetics that do not meet safety standards Standard product crime

18. A unit can become the criminal subject of ().

A. Crime of making guns without authorization B. Crime of insurance fraud

C. Crime of violating regulations on prevention and control of infectious diseases D. Crime of illegal provision of narcotic drugs and psychotropic drugs

19. Among the following crimes, " Crimes with the purpose of making profit as a necessary subjective condition of crime include ( ).

A. The crime of reselling cultural relics prohibited by the state B. The crime of illegal business operations

C. The crime of spreading obscene materials D. The crime of illegal transfer and reselling of land use rights

20. Postman He took advantage of his position to open more than 39 letters and parcels privately. And stole property worth 10,000 yuan. He's behavior should be regarded as ( ).

A. Punishment for the crime of corruption B. Conviction for the crime of corruption and severe punishment C. Punishment for the crime of obstructing postal and telecommunications communications

D. The crime of theft shall be severely punished E. Conviction of corruption F. Punishment for the crime of infringement of citizens’ freedom of communication

21. Among the following crimes, the following are crimes against property ( ).

A. Crime of business bribery B. Crime of insurance fraud C. Crime of business embezzlement D. Crime of contract fraud

E. Crime of embezzlement F. Crime of impersonating a soldier to commit fraud

22. Among the following crimes, there are ( ) crimes that can be constituted by both actions and omissions.

A. Crime of inciting secession B. Crime of illegal leasing of firearms C. Crime of money laundering

D. Crime of arson E. Crime of intentional homicide F. Crime of poisoning

23. If a criminal who has been sentenced to death with a suspended execution has performed a major meritorious service during the period of suspended execution, the period of imprisonment will be reduced to fixed-term imprisonment after the expiration of two years ( ).

A. More than 5 years but less than 15 years B. More than 10 years but less than 15 years C. More than 10 years but less than 20 years

D. More than 5 years but less than 20 years E. 15 years More than 20 years and less than 20 years F. More than 7 years and less than 15 years

24. Zhang, an electrician in a township-run factory, thought he was skilled, but did not operate according to regulations when repairing circuits in the workshop, causing the circuit to catch fire and causing The equipment was burned down, causing losses of more than 500,000 yuan. Zhang’s behavior constitutes ( ).

A. Crime of fire B. Crime of dereliction of duty C. Crime of arson

D. Crime of sabotaging production and operation E. Crime of major liability accident

II. Explanation of terms

1． Broad criminal law 2. Criminal Law Interpretation 3. Universal jurisdiction 4. Criminal liability 5. Unit crime

6. Basic principles of criminal law 7. Deprivation of political rights 8. Basis for criminal liability 9. Statute of limitations for prosecution 10. Pardon

3. Questions and Answers

1. The concept of recidivism and punishment principles

2. ***Types of offenders and their criminal responsibilities

3. Excessive defense and criminal liability

4. Surrender and criminal liability

5. The reflection of the policy of restricting the death penalty in my country’s criminal law

6. Special right of defense

7. What are the similarities and differences between the crime of insult and the crime of defamation?

8． How does my country's criminal law stipulate the age of criminal responsibility? What do you think are the flaws?

9. What is direct intention? Indirectly intentional? Is there a cognitive fault? Unaware fault? Give each example.

10． What is the meaning of necessary crimes and arbitrary crimes? What's the difference? Which of the above-mentioned crimes does group crime belong to?

11. Describe the surrender system in my country's criminal law, and analyze the similarities and differences between surrender and confession?

4. Analysis questions

1. Crime preparation and crime cessation

2. Criminal purpose and criminal motive

3. The perpetrator’s legal and factual errors of understanding

4. Commutation and mitigation of punishment

5. Subtract first and then merge and merge first and then subtract

6. General prevention and special prevention

7. Arbitrary *** is the same crime as necessary *** is the same crime

8. Action crime and conduct crime

9. Charges and statutory sentencing

10. Discretionary circumstances and statutory circumstances

11. Special defense and legitimate defense

12. Crime object and crime object

13. Continuous offenders and continuing offenders

14. Concurrence of legal provisions and concurrence of imagination

15. Forgotten things and lost things

16. Contract fraud and fraud

5. Correction questions

1. Criminal law is not the basic law of the country.

2. If the legitimate defense clearly exceeds the necessary limit and causes undue damage, the person shall bear criminal liability, but the punishment shall be reduced or exempted.

3. If the suspension of the crime does not cause any damage, the punishment shall be reduced.

4. The same crime refers to two or more people committing the same crime.

5. The ringleader must be the principal culprit, but the principal culprit is not necessarily the ringleader.

6. The statutory penalties for unit crimes in the criminal law provisions do not exclude the death penalty.

7. Suspended death is not an independent type of punishment, but a method of execution of the death penalty.

8. If a criminal does not have statutory mitigating circumstances, he cannot be sentenced below the statutory penalty.

9. A was sentenced to 2 years in prison for the crime of insult, and 2 years for the crime of intentional injury. He was also sentenced to 3 years, 0 years and 6 months in prison, suspended for 4 years. The court's decision is correct.

10. The extension of the statute of limitations means that another crime is committed within the prosecution period, and the prosecution period for the previous crime is calculated from the date of the subsequent crime.

11. Personnel equipped with guns for official use in accordance with the law illegally lend out guns. If the borrower loses the gun, he informs the lender, but the lender fails to report it in time, resulting in serious consequences. The lender should be punished for several crimes.

12. A openly slandered B in order to destroy B's reputation, but was refuted and criticized by everyone on the spot. A's behavior was an attempted crime.

13. Zhang and Li have always had a feud. One day, Wang chased Li with a knife and saw Li escaping. At this time, Zhang secretly tripped Li and ran away. Wang thought Li had fallen and stepped forward to chop Li seriously.

According to the provisions of my country's criminal law, the actions of Wang and Zhang constituted the crime of murder and intentional homicide.

14. The object of the crime of extorting confessions by torture is the personal rights of citizens.

15. If the childcare staff abuses the children under their care, and the circumstances are serious, it constitutes the crime of abuse.

16. Rape a woman and then force her into prostitution, and she should be punished for the crime of rape and the crime of forcing others into prostitution.

17. Illegal pyramid schemes or disguised pyramid schemes, if the circumstances are serious, shall be convicted and punished for the crime of illegal business operations.

18. If a huge amount of public funds is misappropriated and not returned, it will be converted into a crime of corruption.

19. When a state employee accepts a gift in official activities or in foreign exchanges, but fails to hand it over to the public in accordance with state regulations, if the amount is relatively large, he will be punished for the crime of accepting bribes.

20. The subject of the crime of dereliction of duty can only be a staff member of a state agency.

21. Our country’s criminal law implements the principle of legality of crime and punishment, but also allows judicial analogy.

22. The act of abetting a crime can only be a positive act, but cannot be a negative omission.

23. The period of detention before sentencing can only be offset against the sentence, but not the probation period.

24. The act of setting fire to one's own house or other property does not constitute the crime of arson.

25. According to the provisions of our country’s criminal law, the crime of bigamy is a crime that can only be handled upon complaint.

26. The crime of damaging traffic facilities is a consequential crime.

27. A had no children after marriage, so he stole a baby and kept it at home. A’s behavior constituted the crime of kidnapping.

28. If a huge amount of public funds is misappropriated and not returned, it will be converted into a crime of corruption.

29. When a state employee accepts a gift in official activities or in foreign exchanges, but fails to hand it over to the public in accordance with state regulations, if the amount is relatively large, he will be punished for the crime of accepting bribes.

30. Liang, male, born on October 2, 1983. On October 3, 1997, Liang saw a drunk man in front of a restaurant and was surrounded by people. He stepped forward and claimed to be the drunk man's cousin. He used a tricycle to pull him to a secluded place. While the drunk man was still sleeping soundly, he drove him to a secluded place. The lockbox containing a huge sum of 100,000 yuan was taken away. Liang's behavior constituted the crime of robbery.

31. Duan was sentenced to 1 year in prison and suspended for 2 years for bigamy. During the period of probation, Duan participated in the election of county people's congress deputies.

32. The crime targets of the crime of harboring stolen goods and the crime of selling stolen goods are not exactly the same.

33. Wen, male, 24 years old, a young worker in a factory. On July 4, 1992, Wen learned that Liu, a senior engineer at the factory, and his wife were on a business trip, and only a 16-year-old daughter was at home, so he began to commit adultery. In the early morning of that day, Wen got into Liu's house through the window. Since he didn't know where Liu's daughter lived, he searched around the living room and accidentally knocked over the coffee table. Liu's daughter heard a noise and shouted for help. Wen saw that what had happened was exposed. He fled in a hurry and was later chased by the crowd. Wen's behavior constituted the crime of rape and attempted rape.

34. According to the provisions of the criminal law, those who are coerced or tricked into participating in a crime shall have a reduced punishment or be exempted from punishment as an accomplice.

VI. Analysis of Legal Articles

1. Article 232 of the Law: Anyone who intentionally kills someone shall be sentenced to death, life imprisonment, or fixed-term imprisonment of not less than ten years; if the circumstances are less serious, he shall be sentenced to three years. Fixed-term imprisonment of not less than ten years but not more than ten years.

2. Article 269 of the Criminal Law: Anyone who commits the crime of theft, fraud, or robbery, uses violence or threatens violence on the spot in order to hide stolen goods, resist arrest, or destroy criminal evidence shall be treated in accordance with Article 263 of this Law (Robbery) crime) provisions for conviction and punishment.

7. Essay questions:

1. On the crime of corruption

2. On the crime of accepting bribes

8. Case analysis questions

1. A and B had a grudge. One day, A said to C and D: "This kid B is very bad. Let's go and destroy his prestige." C and D agreed. On the way to B's house, I met C's friend E. C asked E to go with him. E said what he was doing, and C said he was going to his friend's house to play.

After four people arrived at B's house, A asked B to kneel down and bow to him three times. B refused. A said to E: "Pull out his front teeth" and gave E a vise. E refused to do it, and A said: "Coward, go outside and hold the door. I'll kill you if you run away." Wu ran outside the door and squatted under the big tree. After E left, A grabbed B's hair and slapped him twice. B resisted. B and D went up and grabbed B's hand. B kicked A hard with his feet. A was so angry that he took out the knife he carried and stabbed B in the chest. Stab him, causing B to faint and die. When C sees B falling to the ground and doesn't move, he says to A, "How can you stab him to death?" Ding said, "Let's run!" "A, C, and D ran outside and found E squatting under a big tree. C said to E: "He's dead, run away." Wu stammered, "It's none of my business, it's none of my business." "A casually threw a cigarette butt on the ground when leaving B's house, which caused a fire, burned the house, and B was burned to death. How should the parties in this case be convicted and punished? Why?

2. C committed theft He was sentenced to 3 years in prison. After serving 2 years, he was released on parole. After another 4 months, he returned to his old ways. He sneaked into Wang's house at night with a hidden pistol and stole it. He just crossed the wall and entered the hospital when he was discovered by Wang. He went to arrest C. , C was able to flee the scene with a gun, and hurriedly took a taxi to the suburbs. When the driver asked for money to pay, C saw that the driver had a lot of money in his bag, and snatched the driver's bag with a gun. Later, he was arrested. How should the above-mentioned behavior be convicted and punished?

3. Ding has been married for many years, and Ding’s wife failed to have children. Ding then went out to have a relationship with an unmarried woman, E, claiming to be unmarried, and registered his marriage with E. , Wu believed it to be true. Five years later, Ding's wife noticed it, and Ding Sui decided to kill someone and put hydrogen into the coffee that his wife usually drank. Not wanting his wife's parents to come home the next day, Ding's wife made coffee for them. , resulting in the death of Ding's wife and his wife. Question: Does Ding and Ding's wife's behavior constitute a crime?

4. A total of approximately 100,000 pieces of property were stolen before he turned 14. 8,000 yuan. On his 14th birthday, A invited several friends to a restaurant for dinner. On the way home after the meal, A saw a group of people holding a bag, so he stabbed the bag holder with a switch knife and snatched the bag away. , the bag contained a mobile phone and 5,000 yuan in cash. The next day, A went out for a walk and saw a jeep parked on the roadside. He tried to open the door and drove away. Due to his unfamiliarity with the operation, he would wait at the station. Two people were knocked down and one was injured. Not only did A not stop, but he stepped on the accelerator and escaped. In the afternoon of that day, A sold the car for 20,000 yuan and was later arrested. Explain the reason.

5. The defendant Zhang, male, 26 years old, bought 500 grams of heroin from Yunnan for profit, and after selling 100 grams of drugs, he wanted to get rid of the drugs as soon as possible. Zhang mixed drugs into the cigarettes he rolled and sold them as a magical cigarette that could cure all diseases, causing more than ten people to become addicted. In addition, in order to make profits, Zhang also sold "Cold Cold Powder" powder as a drug. Illegal profit of more than 10,000 yuan. How should Zhang be convicted and punished for his behavior? Why?

6. Song, a contractor, went to a casino to gamble abroad and won 30,000 yuan. When he returned home, he donated half of the gambling money to the primary school in his village. Not long after, Song cut corners during construction, using low-grade cement instead of high-grade cement, and using thin steel bars instead of thick steel bars. As a result, an auditorium he built collapsed, causing a loss of more than 400,000 yuan. In order to evade sanctions, Song approached Jin, a fellow villager who was a manager of a company, to discuss countermeasures. Just as Jin was being investigated for reselling licenses and smuggling cultural relics, Jin proposed that Song go to his house far away on the border first. Stay with relatives temporarily. Before leaving, Jin paid Song 20,000 yuan for travel expenses and asked Song to take away his reselling license and smuggling certificates. After Song left, Jin was afraid that he would not be able to escape justice, so he ordered his cousin Qin to take Liu and Huang (both released from labor camps) to kill Song on the way. Tan's expression changed when he heard this, saying that this move might lead to death, and advised Jin to give up. Jin falsely claimed that as long as Qin brought an autographed letter from him to Liu and Huang, and followed them to find Ning, there was no need for Qin to take action. Qin acquiesced, so Jin wrote a letter in front of Qin. He also gave Tan 30,000 yuan and sent him on his way.

On the way, Qin handed Jin's letter to Liu and Huang, assuming that he had something urgent to do and could contact Jin directly for all matters, so he got off the bus. Liu and Huang went to Song and wanted to kill him. After Song begged and promised a lot of money, they let him go. After returning, they lied that the matter was over and each received a "reward" of 10,000 yuan from Jin somewhere. Song later surrendered to the local public security organ. How should the behavior of the parties in this case be convicted and punished? Why?

7. Hotel tenant A suspected that his roommate Wang was a wealthy man, so he pretended to be ingratiating with him, and waited for an opportunity to get Wang drunk and took out a blank check from Wang. Based on this, A signed a contract worth 100,000 yuan with a company. After investigation, the company learned that the check had not been shipped because the original unit had changed the seal and was now invalid. How should A’s behavior be convicted and punished? Why?

8. A cadre from the Civil Affairs Bureau of Department B was assigned by the unit to participate in the sales of social welfare lottery tickets organized by the bureau. Li, an old man from the countryside, bought five lottery tickets from Person B for 10 yuan. Because of his poor eyesight, he asked Person B to help him draw the lottery, while he leaned over to look for reading glasses in his bag. Gang B opened the second lottery ticket for Li and found that his number won the first prize (the prize was a 25-inch color TV set worth 3,000 yuan). Seeing Li lowering his head to look for his glasses, he quickly exchanged the lottery ticket and gave the rest of the lottery tickets He opened it and gave it to Li. Later B entrusts others to collect the prize and takes it as his own. What crime does B’s behavior constitute? Why?

9. C has a house in the wilderness. There are many chickens behind the house, but it is often visited by thieves. On a wooden stick, the gun was pointed at the door of the chicken house, a fence was added around the chicken house, the door was closed and locked, and signs were posted to warn thieves not to break in. One day Zhang came again (having stolen chicken several times), no