问题 问答题 简答题

辩护证据的哪些表现形式及其作用?

答案

参考答案:

1、“正面防御型”辩护证据,可以从正面证明被告人并未实施某一犯罪行为,或者证明他所犯的只是某种轻罪而不是起诉方指控的重罪。

2、“法定减免型”辩护证据,并不否定指控被告人犯罪的基本事实,但能够证明被告人具有应当减轻或免除处罚的法定情节。

3、“釜底抽薪式”辩护证据,主要是提出确凿的事实,证明某些控诉证据是虚假的,或者证明该控诉证据与本案并无关联,从而将控诉证据从根本上予以推翻,达到辩护成功的目的。

填空题
单项选择题

Computer programmer David Jones earns £35,000 a year designing new computer games, yet he cannot find a bank prepared to let him have a check card. Instead, he has been told to wait another two years, until he is 18.

The 16-year-old works for a small firm in Liverpool, where the problem of most young people of his age is finding a job. David’s firm releases two new games for the expanding home computer market each month.

But David’s biggest headache is what to do with his money. Despite his salary, earned by inventing new programs within fight schedules, with bonus payments and profit-sharing, he cannot drive a car, take out a mortgage, or obtain credit cards.

He lives with his parents in their council house in Liverpool, where his father is a bus driver. His company has to pay £150 a month in taxi fares to get him the five miles to work and back every day because David cannot drive.

David got his job with the Liverpool-based company four months ago, a year after leaving school with six O-levels and working for a time in a computer shop. "I got the job because the people who run the firm knew I had already written some programs," he said. "I suppose £35,000 sounds a lot but actually that’s being pessimistic. I hope it will come to more than that this year." He spends some of his money on records and clothes, and gives his mother £20 a week. But most of his spare time is spent working.

"Unfortunately, computing was not part of our studies at school," he said. "But I had been studying it in books and magazines for four years in my spare time. I knew what I wanted to do and never considered staying on at school. Most people in this business are fairly young, anyway." David added, "I would like to earn a million and I suppose early retirement is a possibility. You never know when the market might disappear.\

Why does David think he might retire early()

A. You have to be young to write computer programs.

B. He wants to stop working when he is a millionaire.

C. He thinks computer games might not always sell so well.

D. He thinks his firm might go bankrupt.