问题 不定项选择

甲拐骗了5名儿童,偷盗了2名婴儿,并准备全部卖往A地。在运送过程中甲因害怕他们哭闹,给他们注射了麻醉药。由于麻醉药过量,致使2名婴儿死亡,5名儿童处于严重昏迷状态,后经救治康复。对甲的行为应以何罪论处

A.拐卖儿童罪

B.拐骗儿童罪

C.过失致人死亡罪

D.绑架罪

答案

参考答案:A

解析:《刑法》第240条第2款规定:"拐卖妇女、儿童是指以出卖为目的,有拐骗、绑架、收买、贩卖、接送、中转妇女、儿童的行为之一的。"同时该条第1款第(五)项规定:"以出卖为目的,偷盗婴幼儿的"属于拐卖儿童罪的加重情形,所以甲拐骗儿童、偷盗婴儿并准备全部卖往A地的行为构成拐卖儿童罪。   B项拐骗儿童罪与拐卖儿童罪最大的区别在于目的不同,拐骗儿童罪通常是以收养为目的,而拐卖儿童罪是以出卖为目的,所以本题中甲不能成立拐骗儿童罪,B项不正确。   甲也不能成立C项的过失致人死亡罪,根据《刑法》第240条的规定,"(七)造成被拐卖的妇女、儿童或者其亲属重伤、死亡或者其他严重后果的"是属于拐卖妇女、儿童罪的加重情形之一,因此甲注射过量麻醉药导致被拐卖的儿童死亡的行为就不再单独成立过失致人死亡罪。   至于D项的绑架罪是以勒索财物为目的的,因此甲的行为明显不能构成绑架罪。

单项选择题 A1/A2型题
阅读理解

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