问题 问答题 论述题

许某因涉嫌在A市B区故意杀人,经B区公安局批准逮捕,B区人民检察院以许某犯故意杀人罪向B区人民法院提起公诉。经过公开审理,B区人民法院判处许某无期徒刑。许某不服,自收到判决书后的第13天向上一级人民法院提出上诉。二审法院开庭审理,认为原判决认定事实没有错误,但量刑不当,因而改判许某死刑。请指出这段叙述中的几处错误,并简要说明理由。

答案

参考答案:

(1)批准逮捕的机关应是人民检察院。

(2)对可能判处无期徒刑以上的故意杀人案件,应由中级人民法院管辖,而不能由区法院管辖。

(3)被告人上诉,须在收到判决书的第二日起10日内提出。

(4)二审法院改判死刑违反了“上诉不加刑”的规定。

解析:此题考查诉讼的基本程序,回答此题时一定要先指出材料中的错误之处,然后再分析原因。【点评】本题主要考查法律救济,需要考生对基础知识熟练掌握。

选择题
阅读理解

阅读理解。

根据短文内容,判断句子的正误.正确的在括号内写“T”,错误的写“F”。

     If you go into the forests with friends, stay with them. If you don't,you may get lost. If you do get lost,

this is what you should do.

     Sit down and stay where you are. Don't try to find your friends. Let them find you. You can help them to

find you by staying in one place.

     There is another way to help your friends or other people to find you. Give them a signal (信号) by

shouting or whistling (吹口哨) three times. Stop. Then shout or whistle three times again. Any signal given

three times is a call for help.

     Keep on shouting or whistling, always three times together. When people hear you, they will give two

shouts or two whistles. When a signal is given twice, it is an answer to a call for help. If you don't think that

you will get help before night comes, try to make a small room with branches (树枝).

     What should you do if you get hungry or need to drink water? You would have to leave your little branch

room to look for something to eat and drink. Don't just walk away. Drop small branches as you walk so that

you can find your way back.

     The most important thing to do when you are lost-stay in one place.

( )1. If you get lost in the forests, you should walk everywhere to find your friends as soon as possible.

( )2. You can keep on shouting or whistling always three times together for help.

( )3. When you hear two shouts or whistles, you know that people will come to help you.

( )4. You can't go anywhere even when you feel thirsty or hungry.

( )5. You can find your way back to your branch room easily without leaving any branches as you walk.