问题 问答题 简答题

张某为一国有企业会计,1998年5月张通过收入不入帐的手段,将公款20万元据为己有,并挥霍一空。年底时张得知税务局要来查帐,害怕被追究,张找亲友借钱并变卖了自己的部分财产,凑了10万元,准备交还给单位。张还写了悔过书,承认了自己的行为,并交给单位领导。正在张四处借贷,准备凑足剩下的10万元时,张的贪污行为被单位举报。其后检察机关传讯了张,张如实交代了自己的罪行。

问:对张能否认定为自首?为什么?

答案

参考答案:

1.张犯罪后自动投案,并如实供述了自己的罪行,对张应认定为自首。

2.自首是指犯罪分子犯罪以后自动投案,如实供述自己的罪行的行为,或者被采取强制措施的犯罪嫌疑人、被告人和正在服刑的罪犯,如实供述司法机关还未掌握的本人其他罪行的行为。

成立一般自首必须具备以下条件:

第一,自动投案;

第二,如实供述自己的罪行。

成立特别自首应当具备以下条件:

第一,成立特别自首的主体必须是被采取强制措施的犯罪嫌疑人、被告人和正在服刑的罪犯。

第二,必须如实供述司法机关还未掌握的本人其他罪行。这是成立特别自首的关键性条件。

3.根据有关司法解释,自动投案,是指犯罪嫌疑人主动、直接向公安机关、人民检察院或者人民法院投案。犯罪嫌疑人向其所在单位投案的,也应当视为自动投案。

4.本案中,张写了悔过书交给单位领导,属于向其所在单位投案,张自动投案后,在积极退赃,减轻犯罪后果时被传讯,并如实交代了自己的罪行,应认定为自首。

实验题
阅读理解

The other day I heard a few local musicians talking:

"I hate all the pianos in this town and I hate that rubbish they play on the radio .They cannot every understand rhythm(韵律)"

"Nobody wants to pay musicians anything. I'm sick of all the people who want you to play without paying you."

One younger musician said, "There are several clubs who want me to play for a few nights a  month and I'm trying to find other places to play .I'm also planning to join in several summer festivals this year."

I  really liked what the younger musician said so I made friends with him.

Attitudes are important. Whether they're positive or negative(消极) they're all rubbing      off on you,If you're around people who are always complaining or blaming others, it is possible that you will start doing the same as well. If you spend lots of time with people who don't support your dreams, it is time to take a look at the people you call " friends".

There is an easy exercise you can try. Make a list of the people who you often stay with, and simply stop , spending time with the negative ones on your list. Set a new standard for yourself and don't become friends with people who fall below that standard.

Of course, this exercise is entirely different from making friends only for the good of oneself. We really should try to help and spend time with those who are working towards a goal or dream.

小题1:The musicians' conversation at the beginning is there to show that

A.musicians' living conditions are not good

B.people in that town have poor taste in music

C.young people are more likely to succeed

D.different musicians have different attitudes小题2:The underlined part in Para. 6 means________.

A.they'll have an influence on you

B.they'll help you realize your dreams

C.they'll keep you from moving on

D.they'll push you ahead very hard小题3:Why did the author want to make friends with the younger musician?

A.He is more active than the others.

B.He can earn more than the others.

C.His attitude is more positive than the others.

D.He has more things to do than the others.小题4:By doing the exercise mentioned in Para. 7, you can________.

A.improve your ability to make friends

B.make the right kind of friends for sure

C.develop a better relationship with your friends

D.make some new friends with similar interests小题5:We can get the following information from the passage EXCEPT________.

A.the younger musician is a positive person and would be a good friend

B.one should avoid making friends with people having lots of difficulties

C.the exercise can help you keep close to really helpful friends

D.one will start complaining if one spends too much time with negative people