问题 多项选择题

按照我国《刑事诉讼法》的规定,在下列情形中,人民检察院可以或应该作出不起诉的决定,哪些属于酌定不起诉( )

A.中止犯

B.犯罪嫌疑人死亡

C.防卫过当,造成损害,依刑法应负刑事责任的

D.经过二次补充侦查,人民检察院仍认为证据不足,不符合起诉条件的

答案

参考答案:A,C

解析: 根据《刑事诉讼法》第142条第1款的规定,犯罪嫌疑人有《刑事诉讼法》第15条规定的情形之一的,人民检察院应当作出不起诉决定,此即法定不起诉,B项即是。第142条第2款规定,对于犯罪情节轻微,依照刑法规定不需要判处刑罚或者免除刑罚的,人民检察院可以作出不起诉决定,此即酌定不起诉。根据《刑法》第24条第2款的规定,对于中止犯,没有造成损害的,应当免除处罚,据此A项正确。根据《刑法》第20条第2款的规定,正当防卫明显超过必要限度造成重大损害的,应当负刑事责任,但是应当减轻或者免除处罚,据此C项正确。D项符合《刑事诉讼法》第140条的规定,属于存疑不起诉,不能选。

单项选择题

This was one of my experiences (1) . When I was in my 30s, I was working for a large international company which had its head office in London. I was working in the (2) department.

The company had a training centre which was just outside London. Different courses were held there throughout (3) and I (4) go on one training course a year. These usually started (5) a Sunday evening and lasted six days.

Once I was (6) a week’s training course with about forty (7) sales people. I was in the bar on the Friday evening and suddenly a woman who was (8) behind the bar asked mea curious question. "I hope you don’t (9) my asking," she said, "but I’ve been (10) about it all week. Have you got a sister (11) Mary" The woman’s name was June. And she used to do various jobs at the training centre. She worked in the office, she organized all the food and drink for the centre and she worked in the bar at lunchtime and in the evening.

My answer (12) June’s question was "Yes", and June said, "I thought (13) . I met her last September when she was organizing a course here. " At that time, my sister was working for (14) company but in a different part of the country. That was (15) she came to be at the training centre.

(16) surprised me was how June guessed we were brother and sister. Three things made it even more (17) . First, she had met my sister six months before she met me. Second, they have about sixty new people every week at the training centre. So about one thousand five hundred people had (18) the centre in those six months. And (19) , my sister is married, so she doesn’t have the same family name as me.

We’re not (20) , but I guess we must look quite like each other.

1().

A.in work

B.out of work

C.at work

D.about work

单项选择题