Criminal Law Self-Study Examination Simulation Paper

Author: Chief Editor: Yang Dunxian
Publisher:
Publishing Date: 1999-01-01
Features:
Segment: VI. Essay Question (15 points) Discuss the restrictions on the application of the death penalty in China's criminal law.
VII. Case Analysis Question (Each question 10 points, total 20 points)
1. Yang Mou broke into a young couple's residence late one night, stole their three-month-old baby while they were asleep, and sold the baby to another farmer in a neighboring village for 3,000 yuan the next day. When he was about to receive the money, he was caught on the spot by the baby's relatives who had followed the trace.
Question: How should Yang Mou be charged and punished, and provide the reasoning.
2. In the autumn of 1997, Xiao Mou, a villager in Yichang, secretly planted over 70 poppy plants in his designated field and harvested 7 grams of opium sap. After being discovered by the village committee, he was fined 30 yuan. In October 1997, Xiao Mou crushed poppy stems, leaves, and shells stored at home, mixed them with brown sugar, honey, and other substances, and boiled them into 1,050 grams of brown pasty opium. He then commissioned a villager named Huang Mou to sell it. In November 1997, Huang Mou asked Tao Mou, who came to buy mountain produce, to help find buyers for the opium to share the profit. Tao agreed and, in December of the same year, discussed with another villager, Wang Mou, to help Huang Mou sell opium and share the profit. Wang, seeing the opportunity for profit, contacted multiple buyers. The public security authorities learned of this and dispatched investigators. On January 24, 1998, Huang informed Xiao Mou that he had found a buyer and took the 1,050 grams of diluted opium from Xiao Mou, secretly hiding with Tao and Wang overnight at Tao's home. The next morning, Huang, Tao, and Wang were arrested on the spot while delivering the opium and 1,050 grams of diluted opium were confiscated. Based on Huang Mou's confession, Xiao Mou was arrested, and 7 grams of opium were seized from his home. Technical examination of the diluted opium revealed a morphine content of 0.66% and a cocaine content of 0.13%.
Question: How should Xiao Mou, Huang Mou, Tao Mou, and Wang Mou be charged and punished, and provide the reasoning.
National Higher Education Self-Study Examination Criminal Law Simulation Test (Three) (Test Time: 150 minutes)
I. Multiple-Choice Questions (Choose one correct answer from the four options for each question, and fill in the symbol of the correct answer in parentheses after the question stem. Each question is worth 1 point, totaling 10 points)
1. A man named Mou wanted to kill the mother and child of Zhang Mou but, due to the mother's pleas and the baby's crying, felt compassion and couldn't go through with it, leaving angrily. Mou's behavior constitutes ( ).
A. preparation for a crime
B. failed attempt
C. suspension of a crime
D. completed crime
2. A man named Wang believed he had mastered qigong and could emit energy remotely. One day, Wang emitted energy from his home toward a working man named Li Mou, intending to kill him. The next day, Wang heard that Li Mou had a heart attack in his office and died after failing to be saved. Later, Wang often had nightmares and felt extremely guilty. He surrendered to the public security organs and requested to be judged. Wang's behavior constitutes ( ).
A. intentional homicide
B. imaginary crime
C. negligent homicide
D. unforeseeable accident
3. Wang Mou was sentenced to six years in prison for theft. After serving two years, due to his reforming behavior, a court reviewed and ruled to reduce his sentence to five years. This is an example of ( ).
A. lenient punishment
B. reduced punishment
C. sentence reduction
D. revised judgment
4. One of the statutory conditions for the conditional release of a criminal sentenced to life imprisonment is ( ).
A. serving 20 years in actuality
B. serving 15 years in actuality
C. serving 10 years in actuality
D. serving 5 years in actuality
5. A widow named Wu Mou had an affair with a married man named Yang Mou. Fearful of being ridiculed for the illicit relationship, Wu Mou insisted on marrying Yang Mou and registered the marriage using a blank introduction letter filled out by Yang Mou as a certificate of being single. In this case, Wu Mou and Yang Mou's behavior ( ).
A. both do not constitute a crime
B. both constitute bigamy
C. Wu Mou does not constitute a crime, but Yang Mou constitutes bigamy
D. Yang Mou does not constitute a crime, but Wu Mou constitutes bigamy