问题 单项选择题

下列关于事后抢劫的认定,认识正确的选项是:( )

A.19周岁的甲与13周岁的乙共谋盗窃,甲入室行窃,乙在门外望风。甲、乙的盗窃行为被被害人丙发现后,甲、乙为抗拒抓捕而当场共同对丙实施暴力,乙的行为导致丙死亡。甲乙两人不成立共犯,由于死亡结果是乙导致的,所以甲对该死亡结果不负责任
B.甲潜入某武装部军械库盗窃自动步枪二步、子弹100发。正要离开时被值勤军人乙发现,喝令甲站住。甲情急之中开枪将乙射杀后逃离军械库。对甲应当认定为抢劫罪
C.甲单独入室盗窃被发现后逃离现场(盗窃已既遂)。在甲逃离过程中,知道真相的乙为了使甲逃避抓捕,与甲共同当场对他人实施暴力。乙与甲成立事后抢劫的共犯
D.甲单独入室盗窃被发现后,向被害人腹部猛踢一脚,被害人极力抓捕甲,经过现场的乙接受甲的援助请求并知道真相后,也向被害人的腹部猛踢一脚,被害人因脾脏破裂流血过多而死亡,但不能查明谁的行为导致其脾脏破裂。乙与甲虽然构成事后抢劫的共犯,但基于有疑从轻原则,甲乙都不能对死亡结果负责

答案

参考答案:C

解析: 由于13周岁的人为完全不负刑事责任能力的人,因此,19周岁的甲与13周岁的乙共谋盗窃,乙只是被甲作为工具使用,乙造成的所有结果都应由甲承担。因此,A项说法错误。
构成转化的抢劫罪要求为窝藏赃物、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,而本例中执勤军人并不知甲已盗窃枪支,只是例行检查,甲对其开枪的行为构成故意杀人,因此不应对甲认定为抢劫罪。B项错误。
由于乙知道甲盗窃真相并在甲逃离过程中加入,与甲共同当场对实施追捕的人实行暴力,所以与甲成立事后抢劫的共犯。C项正确。
甲乙都是故意犯罪,又构成共同犯罪,根据部分行为全部责任的原则,虽然不能分清二人谁的一脚导致了被害人的死亡,但都应该对该结果负刑事责任。因此D项说法错误。

单项选择题

When we think of leadership, we often think of strength and power. But what are these really, and how do they operate
Leadership today is not about forcing others to do things. If this is even possible, it is short term, and tends to backfire. If you order someone to do something against their will, they may do it because they feel they must, but the anger they feel will do more harm in the long term. They will also experience fear.
Fear causes the thinking brain to shut down, making the person unable to function at his or her best. If they associate you with this emotion of fear, they will become less functional around you, and you will have succeeded in not only shooting yourself in the foot, but possibly making a very good employee or partner unable to perform effectively. Fear has no place in leadership.
The way we influence people in a lasting way is by our own character, and our understanding and use of emotion. We can order someone to do something, which may be part of the workday; or we can employ them at the emotional level, so they become fully devoted to the projects and provide some of their own motivation. Today’s workplace is all about relationships as a human being as well as a worker. Everyone produces just a bit more for someone they like. Leaders understand the way things work. They know the paycheck is not the single most motivating factor in the work life of most people.
The true strength of leadership is an inner strength that comes from the confidence of emotional intelligence—knowing your own emotions, and how to handle them, and those of others. Developing your emotional intelligence is the single best thing you can do if you want to develop your relationships with people around you, which is the key to the leadership skills.

To positively influence employees a leader should first of all ______.

A.provide better suggestions

B.develop his own personality

C.give his employees a pay raise

D.hide his own emotion of fear

单项选择题