问题 单项选择题

关于洗钱罪的认定,下列哪一选项是错误的()

A.《刑法》第一百九十一条虽未明文规定侵犯财产罪是洗钱罪的上游犯罪,但是,黑社会性质组织实施的侵犯财产罪,依然是洗钱罪的上游犯罪 

B.将上游的毒品犯罪所得误认为是贪污犯罪所得而实施洗钱行为的,不影响洗钱罪的成立 

C.上游犯罪事实上可以确认,因上游犯罪人死亡依法不能追究刑事责任的,不影响洗钱罪的认定 

D.单位贷款诈骗应以合同诈骗罪论处,合同诈骗罪不是洗钱罪的上游犯罪。为单位贷款诈骗所得实施洗钱行为的,不成立洗钱罪

答案

参考答案:D

解析:

[考点] 洗钱罪

黑社会性质组织犯罪通常会以黑社会性质组织为依托实施侵犯财产的犯罪,并以此作为经济来源,刑法将黑社会性质组织犯罪规定为洗钱犯罪的上游犯罪,也是为了达到遏制黑社会性质组织犯罪进行侵犯财产犯罪的目的,因此黑社会性质组织实施的侵犯财产罪,依然是洗钱罪的上游犯罪的说法是成立的,A选项的说法是正确的;根据《刑法》第191条以及《刑法修正案(六)》的规定,毒品犯罪以及贪污贿赂犯罪都是洗钱罪的上游犯罪,因此,B选项认为将上游的毒品犯罪所得误认为是贪污犯罪所得而实施洗钱行为的,不影响洗钱犯罪的认定的说法是正确的;洗钱罪的行为主体是上游犯罪人以外的人,只要明知是上游犯罪的所得及其产生的收益并实施了洗钱行为即可,只要是上游犯罪事实可以确定,即使没有判决宣判也不影响洗钱罪的成立,因此,C选项的说法是正确的;刑法没有规定单位可以成为贷款诈骗罪的行为主体,但是单位也是可以实施贷款诈骗行为的,在这种情形下,虽然不能够直接处罚单位,但是对于其中就贷款诈骗负有责任的自然人应当以贷款诈骗罪论处,因此为单位贷款诈骗所得实施洗钱行为的,应当以洗钱罪定罪处罚。D选项的说法是错误的。

阅读理解

阅读理解.

     Almost every child in cities has the chance to go to school, but not all children in the countries

are so lucky.

     There is a girl called Xiao Fang. She is eight years old and lives in a small village in Guangxi.

When she was young, she wanted to go to school. But she could not, because her family was too

poor to afford the school fees for her, so her parents had to keep her at home. Instead of studying,

Xiao Fang worked in the fields with her parents every day. Then Hope Project heard about Xiao

Fang. It agreed to help Xiao Fang to go to school. Her wish of study came true, and now she is

studying in a school.

     Unluckily there are many thousands of children who can not go to school. You can join in Hope

Project and help these children. You know all the good work needs money. Hope Project needs

your help.

     If you give Hope Project ¥300 each year, it can pay for one child to go to school for a whole

year. With more money, Hope Project can build new schools, buy good desks, chairs, blackboards

and books. let's help the children together and give them a chance to have a good start in life.

1. _____ can go to school.

A. Almost every child in the world

B. Almost every child in China

C. Almost every child in big cities

D. Almost every child in small villages

2. Xiao Fang didn't go to school when she was young because _____.

A. her family was too poor

B. she didn't like to go to school

C. there was too much work for her to do

D. she could learn nothing at school

3. With ¥300, _____.

A. one child can go to school for nine years

B. a new school can be built

C. many children can go to school

D. a child can go to school for a whole year

4. Hope Project helped Xiao Fang because _____.

A. It heard about her

B. she went to ask for help

C. she knew someone working there

D. she wrote a letter to the newspaper

5. Which of the following is TRUE?

A. Hope Project helps the poor children to go to school

B. Hope Project helps to build new schools

C. Hope Project helps schools to buy desks, chairs, books, etc.

D. All the above

单项选择题