问题 问答题 案例分析题

甲为承揽工程,在A省B市(地级市)以“东南建材有限公司”的名义与某房地产公司联系路灯工程的供货竞标,甲为取得竞标资格,雇请他人伪造一本企业名称为“东南建材有限公司”的《企业法人营业执照》,并利用其他公司《税务登记证》复印件变造为“东南建材有限公司”的《税务登记证》复印件。后将伪造的《企业法人营业执照》和变造的《税务登记证》复印件提供给该房地产公司参加竞标。甲之子乙因涉嫌寻衅滋事罪(乙实施犯罪时实际年龄19岁),被B市公安局刑事拘留。甲为使乙逃避刑事处罚,指使他人出具一份乙的虚假出生证明后亲自提交给B市公安局。甲还指使多名邻居先后到B市公安局提供虚假证言,以证明乙案发时未满16周岁,致乙被释放处理。

甲在乙所涉案件中的行为涉嫌何罪?请简述理由。

答案

参考答案:

涉嫌伪证罪。理由如下:甲出于帮助乙逃避刑事追究的目的,伙同邻居故意对有关乙罪与非罪的重要事实提供虚假证明,其行为符合伪证罪的构成要件,因而涉嫌伪证罪。

解析:法律依据:《刑法》第三百零五条

阅读理解

Johnny the Explorer

Johnny was three when he ran away from home for the first time. Somebody left the garden gate open. Johnny wandered out, crossed some fields and, two hours later, arrived in the next village. He was just able to give his name and address.

By the time he was seven, Johnny used to disappear from home two to three times a year. Sometimes he covered quite long distances on foot. Sometimes he got on a bus or even a train, and simply sat there until someone asked for his ticket. Generally the police brought him home. “Why do you do it?” they used to ask. “I just like seeing places,” Johnny told them.

Johnny continued to “see places” although everyone tried to stop him. His parents used to watch him closely, and so did his teachers; but sooner or later Johnny managed to slip away. As he grew older, his favorite trick was to hide on a long distance truck. Sometimes he travelled hundreds of miles before anyone discovered him.

It is hardly surprising that eventually Johnny managed to board a plane. He was twelve at the time. It was a cargo plane and, a few hours later, Johnny found himself in Cairo. How did he get on board? No one knows! According to Johnny himself, it was easy: he just went into the airport, walked along some passages and got on board the nearest plane.

In spite of all this, Johnny did well at school. He enjoyed mathematics and languages and, perhaps not surprisingly, he was especially good at geography. “What do you want to be when you grow up?” his teachers asked him. “An explorer!” he answered. “But it’s difficult to become an explorer in this modern age,” they tried to tell him. But it was no use: Johnny knew what he wanted!

Just before he left school, Johnny saw a notice in a daily paper. A long journey was about to go to Brazil to travel up the Amazon River. There were jobs for three young people “willing to work hard and with a sense of adventure”. Johnny applied, and two months later, he was on his way to Brazil.

小题1:At what age did Johnny board a plane for the first time?

A.Three

B.Seven

C.Twelve

D.Not mentioned小题2:Johnny frequently left home because ______.

A.he preferred to stay alone

B.he enjoyed seeing new places

C.he couldn’t do well at school

D.he didn’t get along well with his parents小题3:People around Johnny ______.

A.tried to stop him from slipping away

B.kept following him to get him back

C.booked tickets for him if necessary

D.were clear about how he travelled abroad小题4:From the passage, we can learn that ______.

A.Johnny worked for a daily paper

B.Johnny lacked a sense of adventure

C.Johnny went exploring along the Amazon River

D.Johnny went to Brazil two months after he finished school

判断题