问题 单项选择题

(2005年)甲、乙为劫取财物将在河边散步的丙杀死,当场取得丙随身携带的现金2000余元。甲、乙随后从丙携带的名片上得知丙是某公司总经理。两人经谋划后,按名片上的电话给丙的妻子丁打电话,声称丙已被绑架,丁必须于次日中午12点将10万元现金放在某处,否则杀害丙。丁立即报警,甲、乙被抓获。关于本案的处理,下列哪一种说法是正确的?

A.抢劫罪和绑架罪并罚

B.以故意杀人罪、盗窃罪和绑架罪并罚

C.以抢劫罪和敲诈勒索罪并罚

D.以故意杀人罪、侵占罪和敲诈勒索罪并罚

答案

参考答案:C

解析:解析:抢劫罪,是以非法占有为目的,对财物的所有人、保管人当场使用暴力、胁迫或其他方法,强行将公私财物抢走的行为。根据《刑法》第263条的规定,抢劫致人死亡的按照抢劫罪处理。所以甲乙为了抢劫财物而杀人的,定抢劫罪。  甲乙两人将丙杀害后,编造丙被绑架的谎言勒索财物的行为应定敲诈勒索罪。因为此时丙已经遇害,甲乙二人并没有实施绑架行为,而是利用别害人丁对于丙安危的担忧侵犯其财产,构成敲诈勒索罪。  甲乙二人在完成抢劫后,又另起犯意实施敲诈勒索行为,构成抢劫罪和敲诈勒索罪,应该并罚。

判断题
阅读理解

On Christmas Eve a few years ago an English couple(夫妇) received a very special telephone call. It was only a 20-second call but it was very important. The Haydens’ 15-year-old daughter had disappeared six months before. On Christmas Eve she rang them. “I’m phoning to wish a happy Christmas,” she said, “I love you.”

Ronals and Edwine Hayden were so happy that they started a special telephone service called “Alive and Well”. The service helps parents to get in touch with children who have run away from home.

Young people can phone “Alive and Well” and leave a message for their parents. The telephones are answered by answering machines. So no one can speak to the child of making him return home.

Parents of runaway children who are under eighteen can ask the police to bring their children home, so children do not want to tell their parents where they are. Through “Alive and Well” they can telephone their parents without worrying about this or giving out their addresses.

The Haydens and their helpers write down the tape recorded telephone messages and connect the address given. Many of the 30,000 British teenagers who have left home are probably in London. For only two pence they can go into a telephone coin box and call their parents. They can dial(拨) 5675339 and stop a parent’s worry: Is he dead or alive?

72.  The Haydens’ daughter rang her parents         .

A. because she knew she had done something wrong    B. in order to give them her address

C. to say she was coming home soon     D. in order to comfort her worried parents

73. If you ring “Alive and Well ”,       .

A. you will get the information you want B. your message will be passed over to your parents

C. your information will be kept a secret      D. your parents will know where you are

74. Which of the following is NOT true?

A. The Haydens received an “Alive and Well” call from their daughter before Christmas.

B. An “Alive and Well” call usually costs only two pence because it is quite near and short.

C. In this text at least 30,000 British teenagers don’t want to live with their parents.

D. The “Alive and Well” call is far less important than the message it sends.

75. Through “Alive and Well”, parents of runaway children         .

A. often fail to persuade their children to return home

B. know nothing from their children to return home

C. can say nothing to their children

D. can ask the police to help them to find lost children

DBAC