问题 多项选择题

下列哪种情形不属于自首( )

A.甲某犯破坏选举罪后,自动投案,但在投案以后又逃跑。后来被公安机关抓获,如实承认自己的罪行

B.甲在犯敲诈勒索罪后,自动投案,如实供述自己的罪行,但后来又翻供,拒不认罪。直到被检察机关起诉至法庭,在庭审期间才又恢复原先如实的供述

C.某饭店老板甲某为了败坏丙某经营的饭店的声誉,挤垮丙某的生意,便指使本店的伙计乙某往丙某饭店的汤锅中投放老鼠药,结果造成多人中毒死亡。乙某见罪责难逃自动到公安机关投案自首,说此次投毒是自己一人所为,与甲某无关,一人承担了案件的全部罪责

D.甲某因为盗窃银行钱财时被当场抓获。在审问中,甲某又主动交待曾经盗窃作案 5起的犯罪事实

答案

参考答案:A,C,D

解析:A不是自首,行为人逃跑以后不是自己跑回来的,而是被抓回来的,根本谈不上自首,只是坦白交待问题。B是自首,司法解释规定允许反复,但是投案的第一次交待是属实的,中间由于种种原因有些反复是可以理解的,只要到了法院如实交待就行了。C不是自首,因为行为人必须自动投案并且如实交待的才能成立自首,本案的行为人虽然是自动投案了,但是行为人掩饰了主犯甲某,没有如实交待,所以,不能成立自首。D不是自首,而是坦白。本案的行为人因为盗窃罪被抓住了,而行为人交待的也是盗窃罪,因此成立的是坦白。如果行为人交待的是盗窃罪以外的抢劫、强 * * 、放火等罪行,应该认定为自首。

选择题
单项选择题

Extract 1

A stylish dining room with cream walls and curtains and black carpet as perfect foil to an eclectic array of furniture. Many of the pieces are classics of their particular era, and demonstrate how old and new designs can be happily mixed together. The prototype chair in the foreground has yet to prove its staying power and was thought up by the flat’s occupant. He is pictured in his living room which has the same decorative theme and is linked to the dining room by a high Medieval-styled archway where was once a redundant and uninspiring fireplace.

Extract 2

Old bathrooms often contain a great deal of ugly pipework in need of disguising. This can either be done by boxing in the exposed pipes, or by fitting wood paneling over them.

As wood paneling can be secured over almost anything — including old ceramic tiles and chipped walls — is an effective way of disguising pipework as well as being an attractive form of decoration. The paneling can be vertical, horizontal or diagonal.

An alternative way to approach the problem of exposed pipes is to actually make them a feature of the room by picking the pipework out in bright p colours.

Extract 3

Cooking takes second place in this charming room which; with its deep armchairs, is more of a sitting room than a kitchen, and the new Rayburn stove as a good Choice, as it blends in well with the old brick and beamed fireplace. There are no fitted units or built-in appliances, so all food preparation is done at the big farmhouse table in the foreground; and the china, pots and pans have been deliberately left on show to make an attractive display, What about the kitchen sink It’s hidden away behind an archway which leads into a small scullery. Here there’s a second cooker and — in the best farmhouse tradition — a huge walk-in larder for all food storage.

What is the purpose of the archway described in Extract 1?()

A.To hide an unattractive fireplace.

B.To give the room an exotic eastern style.

C.To join the dining room with the sitting room

D.To make room for the unusual seating arrangements.