问题 问答题

案情:甲在乙向其讨要12万元欠款时与乙发生争执,拔刀将乙刺死。然后翻看乙衣兜,将乙携带的12万元借条找到销毁,另搜取5千元现金,信用卡一张,内有8万元存款,3万元的现金支票一张。随后,甲持信用卡消费4万元,持乙的身份证等到银行将现金支票3万元提出。甲在被抓获归案后交代:当时心想这12万元欠款无法归还,干脆一不做二不休将乙弄死了结此事。甲还交代大约在半年前曾经偶然遇到丙停车未熄火,就乘丙不注意时将车开走(该车估价20万元)。本想开到外地卖掉,到郊区后,甲翻看车内财物,发现有警官证和手枪一支,感到害怕,于是又将车开回原处。另查明,甲曾因犯诈骗罪被判处无期徒刑,于3年前被假释,甲杀死乙时在假释考验期内。
问题:

甲构成何罪

答案

参考答案:甲构成故意杀人罪、盗窃罪,为赖掉债务而杀害债权人,属于故意杀人行为,不是抢劫罪;在杀人后拿取死者财物是盗窃罪;甲交代的盗窃汽车行为也属于盗窃性质。

问答题
阅读理解

The small unframed painting called “Fisherman” was signed by a little-known Italian artist, Maveleone (1669-1740). When it was sold recently in New York for $27,000, the seller, Mr. Oliver Pitt, was asked to explain how the picture had come into his possession.

Pitt said, “I didn’t know it was so valuable. I’m not an art expert. Photography is my hobby. I bought ‘Fisherman’ in Italy in 1970 for $140. The picture was dirty, and I couldn’t see the artist’s signature. But anyway it wasn’t the picture that I liked. I bought it because of the frame. ”

“It’s a most unusual frame, made of tiny, silvery sea-shells. They are set in such a way that they reflect perfect light onto the surface of a picture. I now have a photograph of my wife in that frame, and I’ll never part with it.”

“When I returned to New York I showed the painting in its frame to a customs officer. I told him that I had paid $140 for it but admitted I didn’t know its actual worth. The customs man valued it at $140, and I was asked to pay duty on that value. I did so, there and then. ” 

“Later, I took off the frame, and that uncovered Maveleone’s signature. My wife suggested in fun that the painting might be a valuable one, so I cleaned it and put it up for sale.”

As a result of this explanation, Oliver Pitt had to appear in court. He was accused of knowingly making a false statement of the value of a picture so as to cheat the Customs Department.

Pitt was not happy. “I told the truth as I knew it then,” he said, “What else could I say?”

And then the judge agreed with him. “The Customs Department is to be responsible,” he said, “for making a true valuation of goods brought into the country, so that the correct amount of duty may be charged. Mr. Pitt did not cause or try to cause the mistake that was made. He paid the duty that was demanded. If, now, the Customs Department finds that its valuation was not correct, it cannot be allowed to have another try. Pitt is not guilty”.

小题1:When Oliver Pitt bought the picture, ________.

A.it was unframed

B.Maveleone signed the deal

C.he suggested that it was valuable

D.it was the frame that attracted him小题2: From the passage we can infer that if Maveleone had been a well-known artist,        _.

A.the painting would have cost much more than $ 140

B.he wouldn’t have sold his painting

C.the customs officer wouldn’t have been cheated

D.Pitt wouldn’t have had the intention to buy any of his paintings小题3: Pitt took off the frame probably in order to        _.

A.clean the painting to put it up for sale

B.look for the artist’s signature

C.use it for his wife’s photograph

D.find the painting’s true value小题4:Which of the following statements is TRUE according to the story?  

A.In the end Pitt was asked to pay the correct amount of duty.

B.In the end Pitt sold the frame of the painting at an even higher price.

C.In the end the Customs Department had no right to revalue the painting.

D.In the end Pitt’s wife was regarded as an expert because of her wise suggestion.