问题 单项选择题

李某因犯故意杀人罪被某市中级人民法院一审判处死刑,缓期二年执行。判决宣告后,李某没有上诉,检察机关也没有抗诉。问该案应如何处理?()

A.高级人民法院在核准该案时,应当讯问被告人

B.高级人民法院在核准该案时,可以提审被告人

C.高级人民法院认为原判事实不清、证据不足的,只能查清事实后依法改判

D.高级人民法院认为本案应判死刑立即执行,可以直接进行改判

答案

参考答案:A

解析:本题考查的是死缓案件的核准问题。根据《刑事诉讼法解释》第344条第2款的规定,高级人民法院复核死刑案件,应当讯问被告人。所以选项A正确,B错误。根据《刑事诉讼法解释》第349条的规定,高级人民法院复核死刑缓期执行案件,应当按照下列情形分别处理:(1)原判认定事实和适用法律正确、量刑适当、诉讼程序合法的,应当裁定核准;(2)原判认定的某一具体事实或者引用的法律条款等存在瑕疵,但判处被告人死刑缓期执行并无不当的,可以在纠正后作出核准的判决、裁定;(3)原判认定事实正确,但适用法律有错误,或者量刑过重的,应当改判;(4)原判事实不清、证据不足的,可以裁定不予核准,并撤销原判,发回重新审判,或者依法改判;(5)复核期间出现新的影响定罪量刑的事实、证据的,可以裁定不予核准,并撤销原判,发回重新审判,或者依照本解释第220条规定审理后依法改判;(6)原审违反法定诉讼程序,可能影响公正审判的,应当裁定不予核准,并撤销原判,发回重新审判。高级人民法院复核死刑缓期执行案件,不得加重被告人的刑罚。可知,选项C错误,原判事实不清、证据不足的,可以裁定不予核准,并撤销原判,发回重新审判,或者依法改判。D项错误,高院只有认为原判量刑过重的,才应当依法改判。

阅读理解

阅读理解。

     Sick men and women were sitting on their chairs in the doctor's waiting room. They all looked sad except

Tom. He was playing with some cards. Just then the doctor came to say he was ready for the next one. Tom

jumped up and entered the doctor's room in a hurry.

     Before Tom could say a word, the doctor made him lie down on the bed."Now let me listen to your heart."

Tom tired to speak, but the doctor told him not to say anything. "I'll take your temperature." Tom tried to sit up, but the doctor stopped him. After a while, the doctor said, "Well, you don't have a fever (发烧), boy. In fact,

there's nothing wrong with you.""I'm quite well, doctor." Tom said."I just came here to get some medicine for

my grandma."

1. In the doctor's waiting room Tom _______.

A. looked sad

B. was playing with some cards

C. was talking with others

D. was very happy

2. Before the doctor listened to Tom's heart, he _______.

A. asked Tom how old he was

B. asked Tom to sit down

C. made Tom lie down on the bed

D. talked with Tom for a few minutes.

3. The doctor thought _______.

A. Tom had a fever

B. there's something wrong with Tom

C. there's something wrong with Tom's heart

D. nothing is wrong with Tom

4. Tom came to the doctor's room because he _______.

A. was ill

B. wanted to see the doctor

C. wanted to get some medicine for his grandma

D. had a fever

5. Which is right?

A. Tom played with some cards in the doctor's room.

B. The doctor told Tom to enter his room quickly.

C. The doctor looked over Tom's grandma.

D. Tom's grandma needed some medicine.

选择题