问题 单项选择题

2003年6月1日是某甲(14周岁)和某乙 (16周岁)的生日,两人上年—起去某网吧上网,因欠网吧钱遭受老板奚落,心怀恨意,遂在下年买了两桶汽油浇在网吧门口,刚点燃便害怕了,遂喊了一声“救火呀”便逃跑了,后来因为群众发现及时,将火扑灭了。
根据上述案例,请回答以下问题:

下列哪些选项不属于人民法院应当宣告无罪的情形( )

A.黄涉嫌盗窃一案,经审理认为情节显著轻微、危害不大

B.李某涉嫌抢劫一案,李某因害怕开庭时见到家人,在一审开庭审理前因高度紧张心脏病突发死亡

C.段某以妻子虐待自己为由提起自诉,后又撤回自诉

D.崔某以崔子遗弃自己为由提起刑事自诉,法院审查后不予立案

答案

参考答案:A

解析:[考点] 法律规定的六种不应追究刑事责任的情形及处理 《刑诉法》第15条规定:“有下列情形之—的,不追究刑事责任,已经追究的,应当撤销案件,或者不起诉,或者终止审理,或者宣告无罪:(一)情节显著轻微、危害不大,不认为是犯罪的;(二)犯罪已过追诉时限的;(三)经特赦令免除刑罚的; (四)依照刑法告诉才处理的犯罪,没有告诉或者撤回告诉的; (五)犯罪嫌疑人、被告人死亡的; (六)其他法律规定免予追究刑事责任的。”《高法刑诉解释》第176条第(三)项规定,案件事实清楚,证据确实、充分,依据法律认定被告人无罪的,应当判决宣告被告人无罪。第(九)项规定,被告人死亡的,应当裁定终止审理;对于根据已查明的案件事实和认定的证据材料,能够确认被告人无罪的,应当判决宣告被告人无罪。本题A项,情节显著轻微、危害不大,符合《刑诉法》第15条第 (一)项规定,应当宣告其无罪;B项,李某在开庭前死亡,符合《刑诉法》第15条第(五)项的规定,且没有《高法解释》第176条第(三)项规定的情形,因此应当终止审理。选项c,段某提出自诉的案由是虐待,根据《高法解释》第 1条第1款第(一)项的规定,属于人民法院直接受理的自诉案件中告诉才处理的范围,根据《刑诉法》第15条第(四)项的规定,依照刑法告诉才处理的犯罪,没有告诉或者撤回告诉的,应当终止审理。选项D,《刑诉法》第171条第1款第(二)项规定,缺乏罪证的自诉案件,如果自诉人提不出补充证据,法院应当说服自诉人撤回自诉,或者裁定驳回。综上,本题答案为A。

阅读理解

There is a scene that is repeated up and down the land during the month of June. Outside a church in some Scottish town or village a small crowd has interrupted its daily affairs to gather on the pavement. Near the west door a dozen or so overdressed people are glancing impatiently at their watches. The men seem a little self-conscious in their hired kilts; the women hold their wind-blown dresses and loudly admire each other’s hats. They are all lively and talkative, yet at the same time strangely reserved. The crowd ignores them, barely noticing when they disappear into the church. Even the arrival of the groom rouses little excitement. These participants are not the main attraction. We are waiting for the bride.

Whatever her age or appearance, everyone will smile and express approval. By convention, all brides are beautiful. Nobody says so, but the spectators feel cheated unless she steps out of a car, dressed in white from head to toe. The nearer she matches their image, the greater their satisfaction. This event is not merely a wedding; it is a tradition, and such occasions are potentially dangerous. Participants must pay strict attention to detail. An untraditional bride destroys the magic.

When the crowd has left, some bystanders will remain to watch the bride walk out of church on the arm of her groom. The guests troop out behind the happy couple and all gather on the pavement with an obvious air of relief. A piper strikes up Mairi’s Wedding and the guests start shouting and jumping everywhere, putting the photographer off his work. Before bride and groom lead their party to the reception, someone is sure to disobey the priest and scatter forbidden confetti (五彩碎纸).

The particulars of this scene are modern; yet three elements are present that have existed since marriage in Scotland began—ancient Roman law redefined in a Christian context, Celtic tradition, and pre-Christian tradition.

51. Why is the scene mentioned in this article often seen all over Scotland in June?

A. It’s hot in June so men can wear kilts and women can put on beautiful dresses.

B. A lot of Scottish people like getting married at that time of the year.

C. In June people can get away from their daily affairs and go to church.

D. June is considered the luckiest month of the year.

52. The underlined word “them” (in Paragraph 1) refers to ________.

A. the overdressed people     B. the bride and groom

C. the people on the street     D. the people’s hats

53. Please put the following in correct order.

a. The bride arrives.

b. The couple walks out of the church.

c. A piper plays some music.

d. The groom arrives.

e. The bride and groom lead people to the reception.

f. People wait outside the church.  

A. f, d, a, c, b, e                 B. f, d, a, b, c, e

C. d, f, a, b, e, c                           D. d, a, f, b, e, c                

54. The underlined part “putting the photographer off his work” (in Paragraph 3) most probably means _____.

A. making the photographer feel relieved

B. giving the photographer a chance to rest

C. disturbing the photographer when he is taking pictures

D. having the photographer taken away from his duty

55. What can we infer from the passage?

A. Women going to a wedding ceremony pay most attention to each other.

B. Spectators of a wedding ceremony are particularly interested in the groom.

C. Confetti is forbidden at the wedding ceremony because it is not all white.

D. If the bride is dressed all in white traditionally, she is considered beautiful.

多项选择题