问题 多项选择题

下列哪些案件适用涉外刑事诉讼程序?()

A.在公海航行的我国货轮被索马里海盗抢劫的案件

B.我国国内一起贩毒案件的关键目击证人在诉讼时身在国外

C.陈某经营的煤矿发生重大安全事故后携款潜逃国外的案件

D.我驻某国大使馆内中方工作人员甲、乙因看世界杯而发生斗殴的故意伤害案件

答案

参考答案:A, B, C

解析:

关于涉外刑事诉讼的程序规定在《刑事诉讼法解释》第313、314、318、319条等,本题是对适用涉外刑事诉讼程序的范围的考察。依据《刑事诉讼法解释》第313条规定,本解释所称的涉外刑事案件是指:(一)在中华人民共和国领域内,外国人犯罪的或者我国公民侵犯外国人合法权利的刑事案件;(二)在中华人民共和国领域外,符合刑法第八条、第十条规定情形的外国人对中华人民共和国国家和公民犯罪和中国公民犯罪的案件;(三)符合刑法第九条规定的情形,中华人民共和国在所承担国际条约义务范围内行使管辖权的案件。我国关于涉外刑事诉讼的法律规定较少。对本题可参考通说理论判断。A项是海盗抢劫案件,虽然发生在公海上,但是是国际犯罪,我国可以管辖。所以,适用涉外刑事诉讼程序。A项正确。B项我国的证人在诉讼时身在国外,不属于涉外案件,但是该案的诉讼活动需要在外国进行,所以,适用涉外刑事诉讼程序,B项正确。C项陈某携款逃到国外的,虽然不属于涉外案件,但在诉讼活动需要在外国进行或由外国协助,所以,C项适用涉外刑事诉讼程序。C项正确。D项案件虽发生在国外,但当事人双方均是中国人,且案件发生在我国使馆内,所以不属于涉外案件,由我国法院管辖,不适用涉外诉讼程序。D项错误。综上所述,本题的正确答案为ABC。

多项选择题
阅读理解

You might say that Barack Obama was elected President of the US because he knows how to give a good speech. In 2004, the little-known Obama gave a speech at the Democratic national Convention(民主党全国会议). It was a great speech---poetic, and inspiring. The people who heard it would remember it for a long time.

Since 2004, Obama has written and delivered thousands of speeches. These are usually praised for two reasons: he treats the audiences like intelligent adults, and he is able to express difficult ideas in a straightforward, natural way.

Before becoming President, Obama was a lawyer, a college professor, and a successful writer---his two memoirs have become best-sellers. The skills he needed to succeed in his previous jobs have also contributed to his success as a speechmaker.

As a lawyer, Obama learned how to make strong, convincing arguments. As a professor, he learned how to explain complex subjects in ways that helped students understand without boring them. As a writer, he learned how to use language to have a powerful influence on his audience.

Secret weapons of Obama 

Writing team: Obama has a team of people who write his speeches. The writers chat with Obama for hours about what he wants to say. They listen to recordings of past presidential addresses and seek advice from advisers. Obama usually edits and rewrites the drafts several times.

Make fun of the guests: Obama starts his speech by gently making fun of his guests. His opening lines attract the audiences’ attention while giving them an opportunity to relax and laugh at themselves and each other.

Making fun of himself: Obama laughs at his past mistakes and is never afraid of showing them to the public.

Obama delivers speeches to audiences large and small. He can make his audiences laugh or cry. His speeches are always thoughtful, well written, and just right for each occasion.

小题1:.. The third and fourth paragraphs mainly talk about _____.

A.why Obama’s speeches are praised

B.how Obama acquired his speaking ability

C.what subjects Obama’s speeches about

D.Obama’s success as a writer and a lawyer小题2:. When delivering a speech, Obama ______.

A.usually starts with some famous sayings

B.sometimes turns his speech into a song

C.sometimes shares a joke with the audience

D.is very strict most of the time小题3:. What is the main idea of the passage?

A.Obama won the election campaign.

B.Obama is a brilliant speechmaker

C.Obama had taken a couple of jobs.

D.Obama is good at writing.