1. essay: (4 points)
topic scope: the basic requirements of legal documents in describing facts and discussing reasons.
writing requirements: the topic is self-drawn; Unlimited views; The number of words shall not be less than 1.
the reference answer is in the textbook p18-28.
Second, writing documents (6 points)
(1) Please write a wanted order according to the following materials (3 points)
At about 4: 5 pm on February 1, 21, the public security bureau of XX county in XX province received a report that a murder case had occurred in XX village, XX town, XX county, and the local villager Zhou. After receiving the report, the provincial and county public security departments immediately carried out investigations. After a lot of careful investigation, the police locked the suspect into Zhao XX. Zhao XX, 42 years old, is a native of XX Town, XX County. On the evening of February 9, Zhao XX sneaked into Zhou XX's house, killed his family of four with a kitchen knife, snatched some cash, and then fled the scene. The Public Security Bureau of XX County of XX Province decided to arrest Zhao in the province.
according to the police investigation, Zhao××× is about 1.65 meters tall, with a thin figure, a split head, a pointed face, dark skin, a scar on his right face as big as a silver dollar, and a light blue traveling bag with white edges when he fled. Zhao also has the habit of carrying a pig knife with him. It is understood that Zhao XX was once sentenced for theft and has been escaping from the public security organs since 1985. Therefore, he does not have an ID card, and during his flight, he may use one of his brother's two ID cards (the ID numbers are: ××××××××××× 196424×××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××× The police estimate that Zhao XX may make a living by buying waste products. The police require that once clues are found, they can call ××-78×× 2 to report the case.
Reference Answer 1 (page P41 of the textbook, page P6-8 of the reference):
Heading:
General Arrest Order
× Gong Penalty Zi (21) ×No.
Receiving Unit:
× Provincial Public Security Organs:
Text:
Wanted person Zhao. Zhao XX, male, 42 years old, is from XX County ............................................................................................................................................................. Zhao XXX's ID number is XXX 196424 ................................................................................................................................................................ Zhao Xx is about 1.65 meters tall (physical features); Zhao XXX has ..............................................................................................................................................................................
work requirements and precautions: as Zhao XXX carries …………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………
contact person: ××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××× Reference P6-8 pages):
General Arrest Order
×× Gong Penalty Zi [21]No.
Public Security Bureau of all administrative offices, cities (counties) in this province:
On the evening of February 9, 21, XX county, XX township and XX village in XX province.
Zhao Xx, male, 42 years old, is from XX Town, XX County, XX Province. Zhao is about 1.65 meters tall, thin, with a split head, a pointed face and dark skin. He has a scar on his right face as big as a silver dollar. When he fled, Zhao carried a light blue traveling bag with white edges. Zhao also had the habit of carrying a pig-killing knife with him. During his flight, he may use one of his brother's two ID cards (ID numbers are ×××××××× 196424××× 44 and ×××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××
As Zhao XX carries a pig-killing knife with him,
According to
photos, please ask all public security organs to get in touch with street offices, police stations, villages and towns, and transportation departments immediately. They should be vigilant, pay attention to safety, immediately deploy and investigate, and focus on those who buy waste products in the street. Once they find clues, they should be detained immediately or call ××-78× 2 to report the case quickly.
contact person: Han×××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××× The case was investigated by investigators Wang XX and Liu XX of XX County Public Security Bureau, and it was found that Li XX was one of the major suspects who committed the crime. With the approval of the director-in-charge, the investigators secretly extracted the fingerprints of Li XX, and handed them over to the technical department of the bureau for comparison with the fingerprints of criminals left at the scene. After identification, the fingerprint of Li××× right index finger is consistent with the fingerprint on the spot. With approval, the investigators searched Li Xx's residence and extracted Li Xx's blue suit and trousers under his kang mat, with blood on the trouser legs. The blood test of these trousers by the Public Security Bureau of XX City showed that the blood was human blood, belonging to AB type, which was the same as the blood type of Ye XX of the deceased. After finding out the trousers with bloody change, the investigators took measures to monitor Li XX.
Li XX, male, 28 years old, (born on October 2th, 1971), originally from XX county, XX province, is now a farmer in XX village, XX county, living in the village, Han nationality, graduated from junior high school.
Li XX was in the village primary school in XX township from XX to XX, and went to junior high school in XX township from XX. In xx years, Li xx was sentenced to 1 days' administrative detention by the public security organs for fighting with others while working in xx city
. From XX to the time of the crime, Li XX worked as a farmer in XX village, XX township.
Attachment: Article 232 of the Criminal Law stipulates that whoever intentionally kills shall be sentenced to death, life imprisonment or fixed-term imprisonment of more than 1 years; If the circumstances are relatively minor, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Article 61 of the Criminal Procedure Law stipulates that a public security organ may detain a flagrante delicto or a major suspect in advance under any of the following circumstances:
(3) If evidence of a crime is found at his side or residence; .
Reference Answer 1 (page P48-49 of the textbook, page P14 of the reference):
First:
Report on Petition for Detention
No. ×× Gong Zi Ji (2)
Basic information of the detainees: Li×××, male, 28 years old, .......
................
Text:
On the night of January 31st, 2, ................................................................................................................................. Please indicate
Organizer: Criminal Police Team of XX County Public Security Bureau
Organizer: XX
XX, 2
Refer to answer 2 (textbook P48-49, Reference P14):
Leader's instruction
(whether to agree to detention)
(signature) MM DD YY
(signature) MM DD YY
Petition detention report
×××××No.
Li×
Resume: I studied in XX village primary school in XX township from XX to XX;
I studied in XX middle school in XX township from XX to XX;
in ××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××
worked as a farmer in XX village, XX township from XX to the time of the crime.
Reasons and basis for detention:
On the night of January 31, 2, Ye XX, a female villager in XX village, XX county, XX city, was brutally killed. After investigation and identification, the fingerprint of the suspect Li××× right index finger is consistent with the fingerprint at the scene. Li XX's blue suit and trousers were taken from under Li XX's kang mat, and the blood on the trouser leg was the same as that of the deceased Ye Mou. Investigators have taken measures to monitor Li XX.
Li XX's behavior has violated Article 23 of the Criminal Law of the People's Republic of China, and he is suspected of intentional homicide.
To sum up, according to Article 61, Paragraph 3 of the Criminal Procedure Law of the People's Republic of China, I hereby petition the criminal suspect Li××× to be placed in criminal detention.
no, please give instructions.
Organizer: Criminal Police Team of XX County Public Security Bureau
Organizer: Wang XX, Liu XX
February XX, 24
Physical Examination of Legal Documents 2 Answer
Document Writing
1. Please write an indictment according to the following materials (5 points)
Then, on the same first-class five-mile-long water surface, the dismembered head and trunk were found, and these parts were cut off from the joints. When salvaging the corpse, I found a child's dress, a pair of plastic slippers, a pair of trousers and a rattan bag. The left upper limb was not found after repeated salvage. After forensic examination, the corpse of the same female child was 6 to 7 years old. Inspection found that the victim was strangled and died. After death, he was dismembered with a sharp knife and dumped in the river. Therefore, the public security bureau of XX confirmed that the case was a homicide dismemberment case. The investigation found that the victim was Zhang XX, born on September 13th, 1994.
after three days of intense investigation, the investigators of the public security bureau of XXX confirmed that Sun Xx was seriously suspected of killing Zhang Xx and dismembering his body, and immediately detained him for murder. On September 17th, with the approval of the People's Procuratorate of XX City, Sun XX was arrested in accordance with the law and detained in the detention center of XX City Public Security Bureau. After searching Sun Xx's residence, a lot of criminal evidence was obtained.
sun xx, male, 28 years old, was born in a worker's family in xx city, xx province on February 25th, 1973. I am a factory worker in xx city, with a primary school education, Han nationality, and I live atNo. xx road. Sun studied since childhood. In 1984, when he was in the third grade of primary school, he played truant at home and was expelled from school. Since then, I have been wandering around the society all day. In March, 1989, he was sentenced to one year's imprisonment by the people's court of XX City for theft. In August 1999, I was introduced by my relatives to work in XX factory, but I often didn't go to work.
After investigation and preliminary examination by the Public Security Bureau of XX City, Sun Xx's criminal facts were confirmed as follows:
Before this murder and dismemberment, Sun Xx had repeatedly revealed to his friend Li Xx that "human flesh is the most tender and tastes the freshest and the most beautiful", "it takes twenty years to live after eating a human flesh", "children aged five or six have the best meat" and "children". Sun also pointed at pedestrians more than once and said, "This one is delicious, that one is not delicious" and so on. Driven by the above evil thoughts, Sun Xx saw Zhang Xx playing with other children downstairs in his residence at 6 o'clock in the afternoon on September 4, recognizing the opportunity and having evil thoughts. When Zhang XX went to play in the sand in front of the XX cinema, Sun XX followed him, walked to Zhang XX while there was no one around, took sugar as bait, led Zhang XX to the right side of the cinema gate, and then turned to the western food market with prejudice. He went from an alley in the east of the western food market to a food salesroom in the nearby XX road and bought one. It was not until about 1 o'clock in the middle of the night that Sun XX took Zhang XX back to his residence. When entering the door, Sun Xxx strangled Zhang Xxx with both hands, and then carried Zhang Xxx's body to his room upstairs and hid it under the bed. At noon on September 5th, Sun XX took a knife from his mother's residence and found a gray brick to grind it. At two o'clock in the afternoon, when my aunt, cousin and others who lived upstairs went to work and went to school, Sun XX dragged the body out and put it on a white rectangular porcelain basin (43×63 cm) to dismember it. That night, Sun Xx rode a bicycle and threw the body into the river twice. On the morning of September 6th, Sun XX bought fine salt and pickled the muscles stripped from the corpse. At noon on the 6th, morning on the 7th, 8th and 9th, Sun Xx cooked salted human flesh several times. Later, because human flesh stinks, I wrapped it in an old white plastic raincoat and hung it on the wall. On September 1th, Sun XX went to his home in XX county for the Mid-Autumn Festival. He returned on the 12th and was arrested and brought to justice on the 13th.
The evidence of Sun Xx's criminal facts is as follows:
(1) Hair and muscle were taken from Zhang Xx's body, which was salvaged from the river, and it was "AB" type. The blood type on the floor and straw mat of Sun Xx's residence is < P >, and all of them are "AB" type. Sun XX's blood type is "O". The blood of Sun Xx's sister (who used to live in Sun Xx's room) is "A" type.
(2) After Sun Xx confessed, the investigators examined the enamel basin used to dismember the body and the black bag containing limbs and head, and found that the blood was also AB-shaped.
(3) The rattan bag for holding the body and trunk and the tape for dressing the mouth salvaged from the river were identified by Sun Xx's mother, sister and younger sister, and they definitely belonged to their family and were placed in Sun Xx's residence.
(4) According to Sun Xx's confession, the knife extracted during the search of Sun Xx's residence was the murder weapon for dismembering the body, and it was said that it was taken from his mother and ground after it was taken. Sun Xx's sister and brother proved to be true.
(5) Sun Xx confessed that he bought a catty of fine salt on September 6th, and used part of the salted human flesh. During the search, about three ounces of fine salt were seized. The sediment extracted from the "formalin" water soaked in human flesh was analyzed qualitatively and quantitatively by spectrometer. The results showed that human flesh was salted with salt, and the dosage was at least four taels, which was consistent with Sun Xx's confession.
(6) Sun Xx confessed that when he took the victim away, he found a pencil-sharpening knife in Zhang Xx's pocket. After the parents of the victim and the children who played with Zhang Xx that afternoon, Zhang Xx did have a knife.
(7) After judicial appraisal, Sun Xx's mental state is normal and he is not mentally ill.
according to the above criminal facts and evidence, the public security bureau of XXX believes that Sun Xx intentionally killed others and dismembered and cooked corpses to meet his abnormal needs. The facts are clear and the evidence is conclusive. His behavior has violated the provisions of Article 232 of the Criminal Law, and the criminal means and circumstances are extremely cruel and bad, which is extremely harmful to society and must be severely punished. Therefore, according to the provisions of Article 129th of the Criminal Procedure Law, the Public Security Bureau of XX City issued a notice on September 2th, 21.