问题 单项选择题

(2004年)某人民法院对被告人曹某等共同抢劫一案作出一审判决。曹某对犯罪事实供认不讳,仅以量刑过重为由提出上诉,其他被告人未提出上诉,人民检察院也未抗诉。二审法院经审理认为曹某构成犯罪,但曹某在二审作出裁判前因病死亡。二审法院应当如何处理该案件?

A.裁定全案终止审理,原判决自行生效

B.裁定对上诉终止审理,维持一审判决

C.裁定撤销一审判决,发回原审法院重审

D.宣布对曹某终止审理,对其他被告人仍应作出判决或裁定

答案

参考答案:D

解析: 解析:第二审人民法院应当就第一审判决认定的事实和适用法律进行全面审查,不受上诉或者抗诉范围的限制。共同犯罪案件,只有部分被告人提出上诉的,或者人民检察院只就第一审人民法院对部分被告人的判决提出抗诉的,第二审人民法院应当对全案进行审查,一并处理。共同犯罪案件,如果提出上诉的被告人死亡,其他被告人没有提出上诉,第二审人民法院仍应当对全案进行审查。死亡的被告人不构成犯罪的,应当宣告无罪;审查后认为构成犯罪的,应当宣布终止审理。对其他同案被告人仍应当作出判决或者裁定。所以本题答案为D.

阅读理解

阅读理解。

    Do you often play football? Many people in the world like playing football. They often call British football

soccer. But there are differences between them.

    A soccer ball is round (圆形), but an American football is oval (椭圆形), like an egg. Soccer teams have

eleven players on the field. American football teams have forty players, but only eleven players play on the

field at one time. 

    In a soccer team, the goalkeeper (守门员) tries to stop the ball from going into the goal. He is the only

player to stop and pick the ball with hands, while American football players can catch the ball with their hands.

They can catch the ball and throw (投) it to other players. Both British soccer and the American football are

very interesting. They can help us to become strong and clever.

1. British soccer and the American football are ______. [ ]

A. the same

B. different

C. not different

D. only one

2. American football is ______. [ ]

A. oval

B. round

C. not long

D. short

3. A soccer team has ______ players as an American football team is. [ ]

A. the same

B. eleven

C. forty

D. not as many

4. ______ can catch the ball with hands in American football team. [ ]

A. The goalkeeper

B. The coach

C. Some players

D. All the players

5. From the passage we know that ______. [ ]

A. British football is interesting, but American football is not

B. British football players can catch the ball with their hands

C. all the forty players in American football team play in the match at one time

D. Soccer and American football are both good for people's health

单项选择题