问题 单项选择题

被告人王某经某市人民检察院向市中级人民法院提起公诉,在法庭审理阶段,公诉人提出的证据达不到法律要求的确实、充分的程度,也不申请补充侦查,此时法庭应当如何处理

A.作出无罪判决

B.宣布延期审理,将案件返回检察院补充侦查

C.宣布延期审理,要求检察院重新提供证据

D.作出有罪判决,如果当事人上诉的,在二审程序中纠正;不—亡诉的,按照审判监督程序纠正

答案

参考答案:A

解析:在这种情况下,法庭应当认定证据不足,指控的犯罪不能成立。 参见《刑事诉讼法》第162条:“在被告人最后陈述后,审判长宣布休庭,合议庭进行评议,根据已经查明的事实、证据和有关的法律规定,分别作出以下判决: (一)案件事实清楚,证据确实、充分,依据法律认定被告人有罪的,应当作出有罪判决; (二)依据法律认定被告人无罪的,应当作出无罪判决; (三)证据不足,不能认定被告人有罪的,应当作出证据不足、指控的犯罪不能成立的无罪判决。”

阅读理解

Last winter vacation, our class went to Xiangshan for a trip.Though the weather was a little cold, it was sunny.

At six in the morning we met at the school gate.We took a bus there.On the bus, our monitor told us an interesting story.The story was about an interesting man.Then three girls in our class sang songs.We were very happy.

At about seven thirty we got there.It was a beautiful mountain.There were many visitors.Then we started to climb the mountain.The boys had a climbing race(比赛).Li Ming won the first prize.He got a blue hat.At about nine o’clock we met a famous singer.Qi Hui and Ma Yan even got his autographs.They were very excited.

We had lunch in the mountain.We brought food from home and ate together.

After lunch we went to the zoo, because the was a new member(成员) in the zoo.It was a cheetah(猎豹).It came from Africa.

Finally, we took the bus back to school.Although we were tired, we really had fun.

小题1:How was the weather on that day?

A.It was warm and sunny.

B.It was hot and sunny.

C.It was cold, but sunny.

D.It was cold and cloudy.小题2:They went to the mountain       .

A.by bike

B.by bus

C.on foot

D.by car小题3:It took them about       to get to he mountain.

A.one and a half hours

B.an hour

C.forty minutes

D.half an hour小题4:They had lunch       .

A.at home

B.at school

C.in a restaurant

D.in the mountain小题5:Which of the following is TRUE according to the passage?

A.They were quiet on the bus.

B.Two students got the singer’s autographs.

C.They bought food in the mountain.

D.The cheetah came from America.

填空题