问题 多项选择题

我国刑法规定的适用数罪并罚的情形有_______。

A.判决宣告以后,执行完毕前发现有“漏罪”的

B.判决宣告以后,执行完毕前又犯新罪的

C.判决宣告前一人犯数罪的

D.判决执行完毕后发现有“漏罪”的

E.判决宣告前一人犯数罪的,且都可能被判处有期徒刑以上的刑罚的

答案

参考答案:A,B,C,D

解析: 《刑法》第69条规定:“判决宣告以前一人犯数罪的,除判处死刑和无期徒刑的以外,应当在总和刑期以下、数刑中最高刑期以上,酌情决定执行的刑期,但是管制最高不能超过三年,拘役最高不能超过一年,有期徒刑最高不能超过二十年。”第70条规定:“判决宣告以后,刑罚执行完毕以前,发现被判刑的犯罪分子在判决宣告以前还有其它罪没有判决的,应当对新发现的罪作出判决,把前后两个判决所判处的刑罚,依照本法第69条的规定,决定执行的刑罚。已经执行的刑期,应当计算在新判决决定的刑期以内。”第71条规定:“判决宣告以后,刑罚执行完毕以前,被判刑的犯罪分子又犯罪的,应当对新犯的罪作出判决,把前罪没有执行的刑罚和后罪所判处的刑罚,依照本法第69条的规定,决定执行的刑罚。”

阅读理解

Poverty today is a major global issue.Although there are all kinds of definitions used to explain it, in simple words, it means the inability of a person to even get his basic needs of food, shelter, clothing, safe drinking water, health and education.Poverty can be found in each and every comer of the world, although the causes may differ from country to country.Given below are the main causes of poverty in the world today.

Overpopulation is one of the main causes behind the threatening of poverty on an individual level as well as a social level.This is simple math: If there are more mouths to feed and less income, definitely much will remain poor.

Another theory which is used as an explanation for poverty is lack of education.If you look at any of the underdeveloped countries, you will find that the level of education there is very low.Lack of education means lack of employment opportunities, thus leading to unemployment coupled with poverty in the future.

Moving away from one's own homeland to another city or country in search of employment leads to poverty too.It may take these people a lot of time to find jobs.Meanwhile they live in bad conditions.The cost of living in the city or country is most of the time too high for them.

There may be other causes of poverty like the change in business.For example, in America, a couple of decades ago, heavy industry flourished, which employed a lot of African-American people.But now, the focus is more on information technology and health care, both of which employ only skilled and trained people.This has led to unemployment among African-Americans.

Poverty has many ill effects on society.That's why steps should be taken to get rid of it!

小题1:What's the meaning of the underlined word "flourished" in Paragraph 5?

(No more than 5 words)

小题2:Why is overpopulation a cause of poverty today? (No more thanl2 words)

小题3:What's the situation of education m underdeveloped countries? (No more than 8 words)

小题4:What does the passage mainly talk about?(No more than 10 words)

小题5:In your opinion, what's the most significant cause of poverty today? Please give your reason.(No more than 25 words)

单项选择题