问题 单项选择题

甲基层法院以抢劫罪判处张某有期徒刑12年,张某不服在法定期间提起了上诉,二审法院在审理过程中,认为一审法院认定事实不清、证据不足,裁定发回重审。请问:如果一审法院重审后仍然证据不足,二审法院应如何处理:

A.二审法院可以再裁定发回重审,一审法院两次重审后仍证据不足,二审法院在查清事实后改判

B.一审法院重审后,张某又提起上诉的,二审法院不能再裁定发回重审,只能在查清事实后改判

C.二审法院裁定发回一审法院重审没有次数限制,当然也可以在查清事实的基础上直接改判

D.二审法院对一审法院重审后仍然证据不足的案件,应该宣判无罪

答案

参考答案:B

解析:根据最高人民法院、最高人民检察院、公安部联合发出的《关于严格执行刑事诉讼法,切实纠防超期羁押的通知》第4条规定,二审人民法院经过审理,对于事实不清或者证据不足的案件,只能一次裁定撤销原判、发回原审人民法院重新审判;对于经过查证,只有部分犯罪事实清楚、证据充分的案件只就该部分罪行进行认定和宣判;对于查证以后,仍然事实不清或者证据不足的案件,要依法作出证据不足、指控的犯罪不能成立的无罪判决,不得拖延不决,迟迟不判。A项二审法院发回重审两次是不正确的,重只能发回一次。C选项说没有次数限制就更不正确。D选项也是不对的,二审法院对重审后证据不足的,应该在查清事实的基础上改判,而不是直接审判无罪。所以只有B选项是正确的,发回一审法院重审只能是一次,重审后仍事实不清或证据不足,由二审法院在查清事实的基础上直接改判,二审法院审理后仍事实不清或证据不足的应该宣判无罪。

单项选择题
阅读理解

As I was leaving to meet Lynne,my roommate told me that I’d better take some money,but I didn’t listen to him. I thought that Lynne would pay because she had invited me.

I arrived at the restaurant exactly on time. I’d been told that Americans expect you to be on time. Lynne and I sat at a table in the corner of the restaurant and a waitress came and took our order. The dinner was a great success. I talked a lot about Saudi Arabia and Lynne told me all about herself. After two hours the waitress finally came and asked if we wanted one check or two. Lynne said two. We went to the cashier and Lynne paid her check. I was embarrassed (尴尬) when the cashier gave me my bill. I had no money to pay for my meal. Then I had an idea. I pretended to look for something in my pockets and said,“Oh!I forgot my money! Can I call my roommate,please?” The cashier showed me where the phone was and I quickly called my roommate.

In a few minutes he arrived with some money,but he couldn’t hide how he felt. He laughed all the way home.

Now,I think it’s funny too. But at the time I was terribly embarrassed. I thought that an invitation to have dinner meant the same thing in the United States as in my country. I guess you have to understand that your customs(习俗) are only your customs. When you visit a foreign country,you have to learn about their customs,too.

小题1:Customs can be ________in different countries according to this passage.

A.close to each other

B.entirely different

C.quite the same

D.very similar小题2:The writer’s roommate advised the writer to take some money with him to________.

A.invite Lynne to dinner

B.pay for the table

C.share the cost of the meal

D.pay for the restaurant小题3:The writer and Lynne________.

A.shared a successful dinner

B.had a talk for three hours

C.traveled to Saudi Arabia together

D.enjoyed their meal without talking小题4:Why didn’t Lynne pay the check for the writer?

A.Because she thought it was natural for people to pay their own check.

B.Because she didn’t have the meal.

C.Because she wanted to embarrass the writer.

D.Because she didn’t have enough money with her.小题5:The roommate laughed all the way home because the writer________.

A.was embarrassed when he couldn’t pay his breakfast

B.would not listen to him when he left the house

C.telephoned him to bring some books to him

D.hadn’t told Lynne the truth