问题 多项选择题

甲为获利于某日晚向乙家的羊圈内(共有29只羊)投放毒药,待羊中毒后将羊运走,并将羊肉出售给他人。甲的行为构成哪些罪

A.盗窃罪

B.投放危险物质罪

C.故意毁坏财物罪

D.生产、销售有毒、有害食品罪

答案

参考答案:A,D

解析: (1)盗窃罪与投放危险物质罪。以投毒的手段来窃取财物,如果危害了不特定多数人的生命、健康安全和财产安全,则构成盗窃罪与投放危险物质罪的想象竞合犯;如果没有危害不特定多数人的生命、健康和财产安全,而只是针对特定的财物(牲畜、鱼、禽等),则构成盗窃罪。本题中甲投毒乙家羊圈的行为属于前述第二种情形,因而甲构成盗窃罪,故选项A正确,而选项B错误。(2)盗窃罪与故意毁坏财物罪。应注意两点:其一,前罪以非法占有为目的,而后罪不具有此目的;其二,按照关于盗窃案件的司法解释,即使在实施盗窃中,造成公私财物严重毁损的,也只定盗窃罪从重处罚。因此,本题中甲的行为只构成盗窃罪而构不成故意毁坏财物罪,故选项C错误。(3)《刑法》第144条规定了生产、销售有毒有害食品罪,是指在生产、销售的食品中掺入有毒、有害的非食品原料的,或者销售明知掺有有毒、有害的非食品原料的食品的。甲明知羊肉里含有其投入的毒而仍然出售给他人,显然符合《刑法》第144条规定的行为,而且生产、销售有毒、有害食品罪是行为犯,并不要求造成特定的危害后果。因而,选项D正确。

综合
单项选择题

Scientists around the world are racing to learn how to rapidly diagnose, treat and stop the spread of a new, deadly disease. SARS — Severe Acute Respiratory Syndrome — was (1) for the first time in February 2003 in Hanoi, (2) since then has infected more than 1,600 people in 15 countries, killing 63. At this (3) , there are more questions than answers surrounding the disease.

Symptoms start (4) a fever over 100.4 degrees F, chills, headache or body (5) . Within a week, the patient has a dry cough, which might (6) to shortness of breath. In 10% to 200% of cases, patients require (7) ventilation to breathe. About 3.5% die from the disease. Symptoms (8) begin in two to seven days, but some reports suggest it (9) take as long as 10 days. Scientists are close to (10) a lab test to diagnose SARS. In the meantime, it is diagnosed by its symptoms. There is no evidence (11) antibiotics or anti-viral medicines help, (12) doctors can offer only supportive care. Patients with SARS are kept in isolation to reduce the risk of (13) . Scientists aren’t sure yet, but some researchers think it’s a (14) discovered coronavirus, the family of viruses that cause some common colds.

Most cases appear to have been passed (15) droplets expelled when infected patients cough or sneeze. Family members of infected people and medical workers who care for them have been most likely to (16) the illness. But recent developments in Hong Kong suggest that the (17) might spread through air, or that the virus might (18) for two to three hours on doorknobs or other (19) Health experts say it is (20) , though, that sharing an elevator briefly with an infected person would be enough to pass the virus.

4()

A.from

B.over

C.upon

D.with