问题 单项选择题

根据是否直接实施犯罪为标准,正犯被分为直接正犯和间接正犯。直接正犯是指亲自违法地且有责地实施了实行行为,因而实现构成要件之犯罪人;间接正犯是指虽非因行为人自身的行为,而是通过其他人(甚至是被害人自己)而实现构成要件之人。
根据上述定义,下列描述中甲的行为属于间接正犯的是( )。

A.丙是乙的妻子,乙上班后,甲前往丙家欺骗丙说:“我是乙的新任秘书,乙上班时忘了带提包,让我来取。”丙信以为真,甲从丙手中得到提包(价值3000元)后逃走
B.在山崖边上,甲为杀死乙,故意推乙身后的丙,丙突然受到甲的推力之后站立不稳,但此时乙已经走开,丙坠落悬崖摔死
C.甲将装有毒品的包裹交给不知情的旅客乙,乙将毒品带出境外
D.乙用枪威逼仓库保管员甲打开仓库,抢走财物近3万元

答案

参考答案:C

解析: 间接正犯的关键信息是“非因行为人自身的行为”。A项,甲直接从财物占有人丙手中取得提包,甲的行为属于诈骗的直接正犯;B项,甲直接杀死了丙,亦不是间接正犯;C项,甲的行为属于间接正犯;D项,甲的行为不构成犯罪,故不是间接正犯。C为正确选项。

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LAST month, America’s National Law Journal told its readers that "employment lawyers are warning lovestruck co-workers to take precautions in the office before locking lips outside". The advice came too late for Harry Stonecipher. The boss of Boeing was forced to resign last weekend—for reasons that will strike many outsiders as absurd—after his board were told of an affair that the 68-year-old married man had been conducting with a female employee "who did not report directly to him".

Inevitably, as the week rolled on, details of the affair rolled out. The other party was reported to be Debra Peabody, who is unmarried and has worked for Boeing for 25 years. The couple were said to have first got together at Boeing’s annual retreat at Palm Desert, California in January. After that much of the affair must have been conducted from a distance: Mr. Stonecipher’s office is at Boeing’s headquarters in Chicago; Ms Peabody runs the firm’s government-relations office in Washington, DC. They exchanged e-mails, it seems, as office lovers tend to do these days, and therein probably lay Mr Stonecipher’s downfall.

Lewis Platt, Boeing’s chairman, said that Mr Stonecipher broke a company rule that says: "Employees will not engage in conduct or activity that may raise questions as to the company’s honesty, impartiality, reputation or otherwise cause embarrassment to the company." Having an affair with a fellow employee is not, of itself, against company rules; causing embarrassment to Boeing is. It seems that the board judged that the contents of the lovers’ e-mails would have been bad for Boeing had they been made public. Gone are the days when a board considered such matters none of its business, as Citibank’s did in 1991 when its boss, John Reed, became the talk of Wall Street for having an affair with a stewardess on Citi’s corporate jet.

At Boeing, a whistleblower is said to have forwarded the messages to Mr Platt. In general, e-mails are encrypted and not accessible to anyone who does not know the sender’s password. But many firms install software designed to search electronic communications for key words such as, "sex" and "CEO". A study last year of 840 American firms by the American Management Association found that 60% of them check external e-mails (incoming and outgoing), while 27% scrutinize internal messages between employees. Sweet nothings whispered by the water cooler may travel less far these days than electronic billets doux.

Boeing is particularly sensitive to embarrassment at the moment. Mr. Stonecipher was recalled from retirement only 15 months ago, after the company’s previous boss, Phil Condit, and its chief financial officer, Michael Sears, had left in the wake of a scandal involving an illegal job offer to a Pentagon official.

Mr Stonecipher, a crusty former number two at Boeing, was brought back specifically to raise the company’s ethical standards and to help it be seen in its main (and affectedly puritanical) market, in Washington, DC, as squeaky clean. Verbally explicit extra-marital affairs are inconsistent with such a strategy, it seems, though they are not yet enough to bring down future kings of England.

In corporate life, such affairs are hardly unusual. One survey found that one-quarter of all long-term relationships start at work; another found that over 40% of executives say they have been involved in an affair with a colleague, and that in half of these cases one or other party was married at the time. Many a boss has married his assistant and lived happily ever after. Boeing apparently used to accept this: Mr. Condit’s fourth wife was a colleague before they married.

Mr. Stonecipher had to leave his job because()

A. the strike that happened in his company was absurd to outsiders

B. he shouldn’t be involved in an affair after he got married

C. his behavior has caused big economic loss to the Boeing company

D. the board found his affair leading to embarrassment to Boeing