问题 问答题

(二)


被告人胡某,男,15岁,是某市初中学生。2011年3月26日下午,胡某与其同班同学赵某等3人在一铁道路口玩耍。约3时许,一列旅客列车从远处开来,胡某约其他三人一起向火车扔石头,另外三人由于在一边玩耍,并未理会胡某。待列车驶过,胡某开始向火车扔石头,正巧击中旅客王某(男,时年64岁),经抢救无效死亡,经鉴定为颅骨骨折导致颅内大出血而死亡。被害人王某的妻子刘某提出,鉴于胡某未成年,不懂事,请求人民法院多判赔偿,少判刑罚,被告人表示同意。
根据以上情况,回答下列问题:

若本案侦查时,市公安机关根据案情认为被告人没有逮捕必要,而决定采取监视居住。市人民法院经审查认为胡某有可能被判处有期徒刑,按法律规定应当逮捕,遂以未逮捕为由将案卷退回市人民检察院。人民法院的做法是否正确为什么

答案

参考答案:《刑事诉讼法》第60条规定:对有证据证明有犯罪事实,可能判处徒刑以卜刑罚的犯罪嫌疑人、被告人,采取取保候审、监视居住等方法.尚不足以防止发生社会危险性,而有逮捕必要的,应即依法逮捕。因此区公安机关以监视居住代替逮捕是合法的。《刑事诉讼法》第14条规定:人民榆察院认为犯罪嫌疑人的犯罪事实已经查清.证据确实、充分,依法应当追究刑事责任的,应当作出起诉决定.按照审判管辖的规定,向人民法院提起公诉。第150条规定:人民法院对提起公诉的案件进行审查后,对于起诉书中有明确的指控犯罪事实并且附有证据目录、证人名单和主要证据复印件或者照片的,应当决定开庭审判。故人民法院不能将案卷退回。

单项选择题
填空题

[A] "Customers don’t buy products," Mary says. "They buy results." Mary explains that it is her job to help customers get results. Results are what the products do for the customers. Customers buy products for what the products do.

[B] Mary enjoys her job. Her job is customer service. She helps customers use her company’s products. When people ask her what she does, Mary says. "Salespeople sell our products. My job is to make sure they stay sold."

[C] She finds someone who is doing exactly what the customer who called is interested in seeing. Mary calls customers who are already using the product. She asks if the customer who wants to see how the products are used can visit these companies. Most customers cooperate. They let other customers visit to see how products are used. They help others because they know they may need help themselves some day. They know they will be able to ask for help later if they give help to others now.

[D] Mary gets copies of sales orders from Steve, John, Helen, and other salespeople. When she gets the orders, Mary talks to the salespeople about the customers. It is part of Mary’s job to find out how customers are using her company’s products. Mary tells customers, "I’m in the information business. My job is to give you any information you need about our products and how they’re used."

[E] Mary makes appointments for her company’s customers to visit each other. Mary’s company is very happy to have cust6mers compare how they use its products. The company feels that this is how customers help sell its products to other customers.

[F] Sometimes Mary helps customers to help each other. Customers call to ask about using her company’s products. Mary gives them product literature. She also gives them information from her files on how products can be used. Sometimes customers want to see products being used. These customers are interested in seeing exactly what is done with the products. When this happens, Mary looks in her files. ’She looks to see which customers are using the products. Then she looks to see how the products are used. [G] Mary keeps files of information about products and customers. Files are groups of documents set up to make it easy to find any document or record which is needed. In her files, Mary has printed sheets about her company’s products. These printed sheets about the things the company makes are called product literature. Product literature tells about the things the company makes. The literature also tells what the products do. The idea is to show how products help customers who use them.

[H] Mary has a list of all the company’s customers. When she receives copies of orders, Mary checks them to see if there are any new customers. Mary also checks to see if any old customers are buying product that has not been made before. Mary checks orders to see which customers buy it. Any time customers buy products they have not used before, Mary calls to see if she can help. Mary asks if the customer needs information. She also asks how the customer is using the product. Mary puts information in her files on how customers use her company’s products.

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