问题 多项选择题

在下列何种情形下,经公诉人建议法庭延期审理的时间一次不得超过1个月?______

A.发现事实不清、证据不足的

B.发现遗漏罪行、遗漏同案犯罪嫌疑人,需要补充侦查或者补充提供证据的

C.发现遗漏罪行或者遗漏同案犯罪嫌疑人,虽不需要补充侦查和补充提供证据,但需要提出追加或者变更起诉的

D.需要通知开庭前未向人民法院提供名单的证人、鉴定人或者经人民法院通知而未到庭的证人出庭陈述的

答案

参考答案:A,B,C,D

解析:《人民检察院刑事诉讼规则(试行)》第455条规定,法庭审判过程中遇有下列情形之一的,公诉人可以建议法庭延期审理:(1)发现事实不清、证据不足,或者遗漏罪行、遗漏同案犯罪嫌疑人,需要补充侦查或者补充提供证据的;(2)被告人揭发他人犯罪行为或者提供重要线索,需要补充侦查进行查证的;(3)发现遗漏罪行或者遗漏同案犯罪嫌疑人,虽不需要补充侦查和补充提供证据,但需要补充、追加或者变更起诉的;(4)申请人民法院通知证人、鉴定人出庭作证或者有专门知识的人出庭提出意见的;(5)需要调取新的证据,重新鉴定或者勘验的;(6)公诉人出示、宣读开庭前移送人民法院的证据以外的证据,或者补充、变更起诉,需要给予被告人、辩护人必要时间进行辩护准备的;(7)被告人、辩护人向法庭出示公诉人不掌握的与定罪量刑有关的证据,需要调查核实的;(8)公诉人对证据收集的合法性进行证明,需要调查核实的。在人民法院开庭审理前发现具有上述情形之一的,人民检察院可以建议人民法院延期审理。该规则第456条第2款还规定:公诉人在法庭审理过程中建议延期审理的次数不得超过两次,每次不得超过1个月。根据上述法条,直接对比即可看出:A、B、C、D均为正确选项。

单项选择题
单项选择题

阅读下列短文,从每题所给的A、B、C、D四个选项中,选出最佳选项。

B

Every man wants his son to be somewhat of a clone, not in features but in footsteps. As he grows you also age, and your ambitions become more unachievable. You begin to realize that your boy, in your footsteps, could probably accomplish what you hoped for. But footsteps can be muddied and they can go off in different directions.

My son Jody has hated school since day one in kindergarten. Science projects waited until the last moment. Book reports weren’t written until the final threat.

I’ve been a newspaperman all my adult life. My daughter is a university graduate working toward her master’s degree in English. But Jody? When he entered the tenth grade he became a “vo-tech” student(技校学生). They’re called “motorheads” by the rest of the student body.

When a secretary in my office first called him “motorhead”, I was shocked. “Hey, he’s a good kid,” I wanted to say. “And smart, really.”

I learned later that motorheads are, indeed, different. They usually have dirty hands and wear dirty work clothes. And they don’t often make school honor rolls(光荣榜).

But being the parent of a motorhead is itself an experience in education. We who labor in clean shirts in offices don’t have the abilities that motorheads have. I began to learn this when I had my car crashed. The cost to repair it was estimated at $800. “Hey, I can fix it,” said Jody. I doubted it , but let him go ahead, for I had nothing to lose.

My son ,with other motorheads, fixed the car. They got parts(零件)from a junkyard, non-toasting toaster have been fixed. Neighbours and co-workers trust their car repair to him.

Since that first repair job, a broken air-conditioner, a non-functioning washer and a non-toasting toaster have been fixed. Neighbors and co-workers trust their car repairs to him.

These kids are happiest when doing repairs. They joke and laugh and are living in their own relaxed world. And their minds are bright despite their dirty hands and clothes.

I have learned a lot from my motorhead: publishers need printers, engineers need mechanics, and architects need builders. Most important, I have learned that fathers don’t need clones in footsteps or anywhere else.

My son may never make the school honor roll. But he made mine.

What can we learn about the author’s children?()

A. His daughter does better in school.

B. His daughter has got a master’s degree.

C. His son tried hard to finish homework.

D. His son couldn’t write his book reports.