1. Which of the following statements is correct about the basic principles of criminal law? A

A, the principle of suiting crime to punishment requires that both the social harmfulness of the behavior and the personal danger of the actor should be considered when sentencing.

B, the principle of a legally prescribed punishment for a specified crime requires strict interpretation of criminal law, so you can restrict the interpretation of criminal law at will.

C, the principle of a legally prescribed punishment for a specified crime requires that criminal law must be written law, so the regulations formulated by the State Council can also be the source of criminal law.

D, the principle of a legally prescribed punishment for a specified crime requires that crime and punishment must be prescribed by law in advance, so the new law cannot be retroactive.

2. Regarding the principle of a legally prescribed punishment for a specified crime and the interpretation of criminal law, the following statement is correct.

A, the principle of a legally prescribed punishment for a specified crime prohibits analogical interpretation and extended interpretation, but it does not prohibit analogical interpretation in favor of the defendant.

B, the principle of a legally prescribed punishment for a specified crime prohibits the application of ex post facto law that is not conducive to the actor, but it does not prohibit the application of ex post facto law that is beneficial to the actor.

C when there is a conflict between judicial interpretation and legislative interpretation, the principle that the new interpretation is superior to the old one should be applied.

D, legislative interpretation is made by the legislature, since the legislature can stipulate when making laws? Robbery with a murder weapon? Punishment according to robbery, then, can the legislative interpretation be stipulated? Whoever steals with a murder weapon shall be punished as robbery?

3. Regarding criminal jurisdiction, which of the following options is correct? B

First, the criminal responsibility of foreigners who enjoy diplomatic privileges and immunities cannot be applied to the criminal law of China.

B. If foreigner B commits a crime against a citizen of China outside China, according to the provisions of China Criminal Law, the minimum penalty for this crime is fixed-term imprisonment of not more than three years, so China Criminal Law cannot be applied.

C, foreigner A instigated China and Chen Mou to abduct children in China, Chen Mou came to China alone to abduct children, and later A came to China to travel. China judicial organs have no criminal jurisdiction over instigators.

D, China citizens who commit criminal acts outside the territory of People's Republic of China (PRC), according to the provisions of the criminal law, can be sentenced to fixed-term imprisonment of up to three years, and may not be investigated for criminal responsibility.

4. Party A had a dispute with Party B because of trivial matters, and punched Party B in the chest, resulting in a heart attack and died after being rescued. Which of the following options is correct? A

There is a causal relationship between A and A's behavior and B's death.

B, if A can't foresee B suffering from heart disease, there is no causal relationship between A's behavior and B's death.

C whether party a can foresee that party b suffers from heart disease or not, it shall bear criminal responsibility for party b's death.

D no matter whether Party A can foresee that Party B suffers from heart disease, it will not bear criminal responsibility for Party B's death.

5. The following statements about the subject of crime are correct: A.

A, A (15 years old) criminal gangs participated in transporting others across the border illegally, resulting in being transported when transporting others across the border illegally.

Sending 10 people to death, A does not constitute a crime.

Party B and Party B (/kloc-under 0/6 years of age) who carry a homemade powder gun to commit robbery without using a weapon also constitute the crime of robbery.

C and C (15 years old), knowing that destroying the reservoir dam will lead to many deaths, still carry out the act of breaking water and cause three deaths, which should not constitute a crime.

D and D (under the age of 15) repeatedly instigate others to manufacture, smuggle and sell drugs, but they do not constitute a crime.

6. Which of the following statements is wrong about unit crime? C

A companies, enterprises and institutions established by individuals for illegal and criminal activities shall not be punished as unit crimes if they commit crimes.

B if a company, enterprise or institution takes crime as its main activity after its establishment, it shall not be punished as a unit crime.

C, for the unit crime, in principle, in addition to the punishment of the unit itself, but also to punish the directly responsible person in charge and other directly responsible personnel of the unit, that is, the double punishment system is implemented for the unit crime.

D. Whoever embezzles the name of a unit to commit a crime and distributes the illegal income to the criminal individual shall be convicted and punished in accordance with the provisions of the Criminal Law on crimes committed by natural persons.

7. Regarding crime, the following statement is correct: C.

A, A stole from a farmer's house and saw a pistol in the cupboard (the farmer's son is an armed police), but he didn't know the specific model of the gun. He stole the gun anyway. Because a doesn't know the specific model of the gun, it doesn't constitute theft.

Party B and Party B made mistakes in theft and mistakenly stole guns as explosives, which constituted an attempted crime.

C, C lost his gun three days later, and he immediately reported it to the police. However, the gun thief has killed a person with a gun. C does not constitute a crime of not reporting a lost gun.

Ding was hired to kill Li for the king. Being unfamiliar with Li, he mistakenly thought that he had killed Li. Because Ding didn't kill the person he wanted to kill, it constituted attempted intentional homicide.

8. After conspiring, Party A and Party B jointly aimed at the victim C and tried to kill him, but failed to hit the victim. At the same time, Ding bears a grudge against C, but I don't know that Ding of Party A and Party B shot at C, and C died. The conclusion of handling this case is correct: D.

A, A and B are innocent because there is no causal relationship between the death result and their behavior.

Party B, Party A, Party B and Party C are responsible for the death result at the same time, all of which are intentional homicide.

Party C, Party A, Party B and Party C have no accomplices, but they are all accomplices.

D, A, B and C are not responsible for the death result at the same time, but they are all intentional homicide.

9. Mother A (good at swimming) took her son out swimming and found that her son (8 years old) who had always hated her was involved in the whirlpool, thinking that she would not save her son and that the law would not hold her responsible, that is, she left the scene and her son died soon. The statement in this case is incorrect: C.

A, because the son was involved in the whirlpool is not caused by A, A has no criminal intention.

B and A are not guilty because they have mistakes in legal understanding.

C and a have indirect intention.

D, a doesn't know the mistake.

10, Party A tried to hurt Party B, but secretly mistook Party C for Party B and used violence against Party C, and Party C was seriously injured on the spot, bleeding profusely. After discovering that it was C, A did not deal with C, but left the scene after scolding C. C died of excessive blood loss. About A's behavior, the correct statement is: B.

First, according to the crime of negligent injury, causing death.

B, according to the crime of intentional injury, causing death.

C. The crime of intentional injury (attempted) and the crime of negligent death shall be punished in combination.