问题 单项选择题

甲为勒索财物将乙绑架,并打电话给乙之妻丙,声称乙“已被其绑架,要想赎人必须送5百万元过来”。但在拘禁过程中,因乙对其态度恶劣,并屡次对其辱骂,一怒之下将其殴打致死。之后甲又屡次打电话给丙,催其赎人。后丙报警,公安将甲抓获归案。问:甲的行为构成什么罪 ( )

A.故意杀人罪和绑架罪数罪

B.故意杀人罪和敲诈勒索罪数罪

C.绑架罪的结果加重犯

D.故意杀人罪和绑架罪的牵连犯

答案

参考答案:C

解析:[考点] 敲诈勒索罪;绑架罪;罪数
根据刑法修正案(七)修改后的刑法第239条的规定,“以勒索财物为目的绑架他人的,或者绑架他人作为人质的,处十年以上有期徒刑或者无期徒刑,并处罚金或者没收财产;情节较轻的,处五年以上十年以下有期徒刑,并处罚金。犯前款罪,致使被绑架人死亡或者杀害被绑架人的,处死刑,并处没收财产。”由此可见,若绑架过程中“致使被绑架人死亡或者杀害被绑架人”,仍成立绑架罪一罪,只不过其法定刑要高一格。在本案中,甲绑架乙后将其殴打至死,属于“致使被绑架人死亡”的情况,并不另外成立故意杀人罪,而成立绑架罪的结果加重犯。另外,本案比较特殊的是,甲将乙打死后,对丙隐瞒这一事实,继续勒索。依照刑法理论的通说,甲的勒索行为开始时, 乙确实在其控制之下;而从整个案件看,其勒索财物的行为也不应被割裂成两段来看,故不宜另外认定甲构成敲诈勒索罪。故C正确。

阅读理解

阅读理解。

     The dog, called Prince, was a clever animal and a slave to Williams. From morning till night, when Williams

was at home, Prince never left his sight. The dog had a number of duties, for which Williams had patiently

trained him and, like the good pupil he was, Prince lived for the chance to show his abilities.

     When Williams wanted to put on his boots, he would say "Boots" very quietly and within seconds the dog

would drop them at his feet. At nine every morning, Prince ran off to the store, returning shortly not only with

Williams' daily paper but with a packet of cigarettes. A gun dog by breed (品种), Prince had a large soft mouth

for the safe carrying of hunted creatures, so the paper and the cigarettes came to no harm, never even showing

a tooth mark.

     Williams was a railway man, an engine driver, and he wore a uniform which smelled of oil fuel. He had to

work at odd times-"days", "late days" or "nights". Over the years Prince got to know these periods of work and

rest, knew when his master would leave the house and return, and the dog did not waste this knowledge. If

Williams overslept, as he often did, Prince barked at the bedroom door until he woke, much to the anger of the

family. On his return, Williams' slippers were brought to him.

     A curious thing happened to Williams during the snow and ice of last winter. One evening he slipped and

fell on the icy road somewhere between the village and his home. He was so badly injured that he stayed in bed

for three days; and not until he got up and dressed again did he discover that he had lost his wallet containing

over fifty pounds. The house was turned upside down in the search, but the wallet was not found. However,

two days later-that was five days after the fall, Prince dropped the wallet into Williams' hand. Very muddy and

wet through, the little case still contained fifty-three pounds, Williams' driving license and a few other papers.

Where the dog had found it no one could tell, but he had found it and recognized it probably by the slight oil

smell on the worn leather.

1. What does the passage tell us about gun dogs?

A. Their teeth are well-developed when they are very young.

B. They can carry back hunted birds without hurting them.

C. They are fed well, producing many young dogs.

D. They are the most intelligent of all dogs.

2. How did Prince perform his duties?

A. He did his best but was not often successful.

B. He did them unwillingly but got them over.

C. He had few opportunities to do them.

D. He was delighted to show them off.

3. Williams did not realize his loss until several days later because _____.

A. he trusted the dog to find the wallet

B. he had left the wallet on the train

C. he had no chance to feel in his pockets

D. he was busy with his work all the time

4. What might help Prince to find Williams' wallet?

A. The remaining smell of fuel on the case.

B. The photo on Williams' driving license.

C. The footprints of Williams' in the snow.

D. The strong smell of the worn leather.

5. What does the writer think of Prince?

A. Skillful and gentle.

B. Clever and amusing.

C. Proud and fierce.

D. Devoted and smart.

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