问题 问答题

[案情]:甲某(20岁)、乙某(15岁)经过预谋,到某菜市场伺机盗窃。当见到丙某在摊位上买鸡时,乙某示意甲某掩护,甲某即站在丙某身边,装着买鸡,乙某用锥子从丙的裤兜内窃得人民币800元后离去。当丙某发现钱被窃之后,便将站在他身边的甲某抓住,甲某否认盗窃,但丙某抓住不放。甲某见逃脱不掉,就掏出尖刀朝丙某的腹部连刺数刀,将丙某刺倒。此时乙某返回现场,对着地上的丙某说活该,便和甲某一起逃离现场。丙某因大出血死亡。乙某当日被抓获,甲某逃到其姨夫丁家,丁得知甲某犯罪后,将甲某送往外地隐藏,在甲某躲藏期间,曾多次前往看望,并资助其1万元。甲某的父亲后来得知事情很严重,就强劝其子甲某到当地派出所投案,甲某极不情愿,但其父还是将其强行绑送至派出所。
问题:
请用刑法理论分析甲某、乙某、丁的行为构成何种犯罪,应如何定罪量刑,并阐述理由。

答案

参考答案:1.甲某在盗窃犯罪过程中为了抗拒抓捕实施暴力,依法转化为抢劫罪。此外,由于发生了死亡结果,甲的行为成立抢劫罪的结果加重犯。
2.甲某被其父强行绑送至派出所,不能构成自首,但可以参照法律对自首的有关规定酌情从轻处罚。
3.乙某在甲某对丙某实施暴力行为时并未在场,在实施暴力上并无共同的故意和行为,不成立抢劫罪的共犯,盗窃罪的刑事责任年龄是16岁,乙某15岁不构成盗窃罪,依法不负刑事责任。
4.丁某符合窝藏罪的犯罪构成要件,构成窝藏罪。

解析:
1.根据《刑法》第269条的规定,实施盗窃、诈骗、抢夺行为,为窝藏赃物、抗拒抓捕或者毁灭罪证而当场使用暴力或者以暴力相威胁的,成立转化型抢劫罪。
2.根据《最高人民法院关于处理自首和立功若干具体问题的意见》的规定,犯罪嫌疑人被亲友采用捆绑等手段送到司法机关,或者在亲友带领侦查人员来抓捕时无拒捕行为,并如实供认犯罪事实的,虽然不能认定为自动投案,但可以参照法律对自首的有关规定酌情从轻处罚。
3.共同犯罪的成立要求有共同的故意和共同的行为。各共犯人之间只有在具有“共谋”的前提下共同实施了犯罪行为的,才能成立共同犯罪。甲某的行为转化为抢劫罪,但乙某在甲某对丙某实施暴力行为时并未在场,因此不能成立抢劫罪的共犯。又由于乙某只有15周岁,无需对盗窃罪承担刑事责任。
4.明知是犯罪的人而为其提供处所、财物,帮助其逃匿的,构成窝藏罪。

多项选择题
单项选择题

Mass Protest Decries Bush Abortion Policies


群众抗议谴责布什的堕胎政策


by Deborah Zabarenko
WASHINGTON (Reuters)—Protesters crowded the National Mall on Sunday to show support for abortion rights and opposition to Bush administration policies on women’s health issues in one of the biggest demonstrations in US history.
There was no official crowd count, but organizers claimed more than 1 million people participateD.
Pink-and purple-shirted protesters raised signs reading "Fight the Radical Right", "Keep Abortion Legal" and "US Out Of My Uterus" and covered the Mall from the foot of Capitol Hill to the base of the Washington Monument.
Speakers ranged from actresses Whoopi Goldberg, Ashley Judd and Kathleen Turner to philanthropist Ted Turner, feminist icon Gloria Steinem and former Secretary of State Madeleine Albright.
Goldberg raised a wire coat hanger—a symbol of illegal abortions in the days before the Supreme Court’s 1973 Roe vs. Wade ruling recognizing abortion rights—and told the crowd, "We are one vote away from going back to this!"
She was referring to the nine-member high court, which has frequently decided abortion- related cases on a five-four vote.
The abortion issue was the centerpiece of the march’s broad protest against the policies of President Bush, including his stance on funding international family planning. No US funds may be used for any family planning agency that mentions abortion to patients.
"Vote That Smirk Out of Office," was a characteristically political placard targeting Bush, but Dorothy Smith, 76, of Eldridge, Missouri, carried an emblem she made herself—a wire coat hanger draped with a sign reading "Never Again. "
"I can remember when abortion was just as common as it is now, but it killed a lot of women," Smith saiD.
Major sponsors included stalwarts of the abortion rights movement______NARAL Pro-Choice America, Feminist Majority, National Organization for Women, Planned Parenthood Federation of America—as well as the American Civil Liberties Union, the Black Women’s Health Imperative and the National Latina Institute for Reproductive Health.
Some 1,400 groups attended the event, including an international contingent with marchers from 57 countries. There were medical students who carried signs saying they planned to be the next generation of abortion providers, and there was a Texas group marching behind a banner that read, "Old Broads for Choice. "
As the march wound from the Mall toward the White House and then turned onto Pennsylvania Avenue and toward Capitol Hill, abortion rights groups encountered antiabortion protesters.
These protesters carried posters showing photographs of fetuses at eight weeks gestation and signs reading "Abortion kills Babies. "
March organizers claimed double the turnout of the last big abortion rights march in 1992, which drew 500,000, according to the US Park Police, who no longer gives official crowd counts. The biggest demonstration was an anti-Vietnam War rally in 1969, which drew 600,000. The largest gathering on the National Mall was the 1976 US bicentennial celebration.
Though the march was billed as nonpartisan and included a contingent called Republicans for Choice, much of the day’s rhetoric was plainly aimed at Bush, a Republican who opposes abortion in most cases.
Democratic presidential candidate John Kerry vowed on Friday to champion abortion rights if electeD.He received the endorsement of Planned Parenthood’s Action Fund, the organization’s political fund-raising ann.
Neither Bush nor Kerry attended the march, but US Sen. Hillary Rodham Cfinton, a New York Democrat and former first lady, drew roars of approval when she exhorted the crowd to register to vote. Volunteers were on hand to register new voters.
Bush addressed an anti-abortion march in January, saying the effort to overturn the Supreme Court’s 1973 Roe v. Wade ruling, which recognized a right to abortion, was "noble cause. \

Which of the following is NOT correct according to the passage

A.The crowd consisted of people who were against Bush’s anti-abortion policy.
B.The crowd consisted of people both for and against Bush’s anti-abortion policy.
C.In the march there was a group of people from or supporting the Republican Party.
D.The general message of the demonstration was opposing the Republican government’s policies on women’s health issues.