【单选题】【消耗次数:1】
甲准备杀死自己患有精神病的妻子乙。甲打算先给乙吃安眠药,等乙熟睡后,用绳子将乙勒死。还未等甲实施绞杀行为,乙就因吃了过量的安眠药而死亡。对于甲的行为性质的认定,下列哪一选项是正确的?
构成故意杀人罪未遂
构成故意杀人罪既遂
构成故意杀人罪(未遂)和过失致人死亡罪,想象竞合犯,从一重罪处罚
构成故意杀人罪(未遂)和过失致人死亡罪,数罪并罚
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相关题目
【单选题】 甲准备杀死自己患有精神病的妻子乙。甲打算先给乙吃安眠药,等乙熟睡后,用绳子将乙勒死。还未等甲实施绞杀行为,乙就因吃了过量的安眠药而死亡?对于甲的行为性质的认定,下列哪一选项是正确的?( )
①  构成故意杀人罪未遂
②  构成故意杀人罪既遂
③  构成故意杀人罪(未遂)和过失致人死亡罪,想象竞合犯,从一重罪处罚
④  构成故意杀人罪(未遂)和过失致人死亡罪,数罪并罚
【多选题】 以下哪些行为构成故意杀人罪
①  甲用钝器朝被害人头部攻击
②  乙驾车撞倒行人致其重伤后逃逸
③  丙驾车撞倒行人重伤后又碾压至行人死亡
④  丁教练指导5岁儿童游泳,后独自玩手机没有照看儿童,导致儿童溺亡
【单选题】 下列行为中,应以故意杀人罪定罪处罚的是( )。
①  甲在与钱某争吵中,突然抽出随身携带的匕首向钱某刺一刀后扬长而去,致其重伤
②  乙在非法拘禁孙某过程中,使用暴力致孙某死亡
③  丙在绑架李某、向李某家属勒索财物过程中,杀害李某
④  丁对公共建筑物放火,大火烧毁该建筑物,并且烧死2人
【单选题】 甲想杀害身材高大的乙,打算先用安眠药使乙昏迷,然后勒乙的脖子,致其窒息死亡。由于甲投放的安眠药较多,乙吞服安眠药后死亡。对此,下列哪一选项是正确的?( )
①  甲的预备行为导致了乙死亡,仅成立故意杀人预备
②  甲虽已着手实行杀人行为,但所预定的实行行为(勒乙的脖子)并未实施完毕,故只能认定为未实行终了的未遂
③  甲已着手实行杀人行为,应认定为故意杀人既遂
④  甲的行为是故意杀人预备与过失致人死亡罪的想象竞合犯,应从一重罪论处
【单选题】 甲离婚后嫌才3个月的女儿乙累赘,某日将乙一人留在家中,锁门后自己外出。甲5天后回家,乙已经死在摇篮里。法院判决甲构成故意杀人罪,甲构成( )。
①  纯正的不作为犯
②  不纯正的不作为犯
③  纯正的作为犯
④  结果加重犯
【单选题】 甲身为铁路派出所民警,一日在执勤时遇到其友乙,乙告知甲其因犯杀人罪正在被追捕。甲给乙1000元钱,将乙送上火车逃往外地。追捕乙的公安人员赶到时,甲上前搭讪,故意拖延追捕的时间,使乙逃脱。甲的行为构成( )。
①  窝藏罪
②  包庇罪
③  徇私枉法罪
④  私放在押人员
【单选题】 甲于1997年8月实施了故意杀人行为,于2004年7月被抓获归案。在1979年《刑法》和1997年《刑法》中故意杀人罪定罪处刑标准、法定刑完全相同。对本案( )。
①  应适用1997年《刑法》
②  应适用1979年《刑法》
③  由审理本案的法院审判委员会决定适用1979年《刑法》还是1997年《刑法》
④  报请最高人民法院裁定适用1979年《刑法》还是1997年《刑法》
【单选题】 甲和乙共同人户抢劫并致人死亡后分头逃跑,后甲因犯强奸罪被抓获归案。在羁押期间,甲向公安人员供述了自己和乙共同所犯的抢劫罪行,并提供了乙因犯故意伤害罪被关押在另一城市的看守所的有关情况,使乙所犯的抢劫罪受到刑事追究。对于本案,下列哪一选项是正确的?( )
①  甲的行为属于坦白,但不成立特别自首
②  甲的行为成立特别自首,但不成立立功
③  甲的行为成立特别自首和立功,但不成立重大立功
④  甲的行为成立特别自首和重大立功
【简答题】 唐朝根据人的主观动机的不同将杀人行为汇集称为 “[填空1]”;为准确区分伤害罪和伤害致死的杀人罪,规定了“[填空2]”制度。
【单选题】 过失致人死亡罪是一种?
①  行为犯
②  结果犯
③  举动犯
④  危险犯
随机题目
【单选题】 For many people today, reading is no longer relaxation. To keep up their work they must read letters, reports, trade publications, interoffice communications, not to mention newspapers and magazines: a never-ending flood of words. In getting a job or advancing in one, the ability to read and comprehend quickly can mean the difference between success and failure. Yet the unfortunate fact is that most of us are poor readers. Most of us develop poor reading habits at an early age, and never get over them. The main problem lies in language itself—words. Single words have little meaning until they are combined into phrases, sentences and paragraphs. Unfortunately, however, the untrained reader does not read groups of words. He reads one word at a time, often regressing to reread words or passages. Regression, or looking back over what you have just read, is a common bad habit in reading. Another habit which slows down the speed of reading is vocalization—sounding each word either orally or mentally as one reads. To overcome these bad habits, some reading clinics use a device called accelerator (加速器), which moves a bar down the page at a predetermined speed. The bar is set at a slightly faster rate than the reader finds comfortable, in order to “stretch” him. The accelerator forces the reader to read fast, making word-by-word reading, regression and vocalization virtually impossible. At first, comprehension is sacrificed for speed. But when you learn to read ideas, you will not only read faster, but your comprehension will improve. Many people have found their reading skills improved a lot after some training.What does “At first, comprehension is sacrificed for speed” (Para. 2) mean?
①  The reader reads fast, but he understands everything he reads.
②  The reader reads slowly and he understands everything he reads.
③  The reader reads fast without understanding everything he reads.
④  The reader reads slowly, but he doesnt understand everything he reads.
【单选题】 For many people today, reading is no longer relaxation. To keep up their work they must read letters, reports, trade publications, interoffice communications, not to mention newspapers and magazines: a never-ending flood of words. In getting a job or advancing in one, the ability to read and comprehend quickly can mean the difference between success and failure. Yet the unfortunate fact is that most of us are poor readers. Most of us develop poor reading habits at an early age, and never get over them. The main problem lies in language itself—words. Single words have little meaning until they are combined into phrases, sentences and paragraphs. Unfortunately, however, the untrained reader does not read groups of words. He reads one word at a time, often regressing to reread words or passages. Regression, or looking back over what you have just read, is a common bad habit in reading. Another habit which slows down the speed of reading is vocalization—sounding each word either orally or mentally as one reads. To overcome these bad habits, some reading clinics use a device called accelerator (加速器), which moves a bar down the page at a predetermined speed. The bar is set at a slightly faster rate than the reader finds comfortable, in order to “stretch” him. The accelerator forces the reader to read fast, making word-by-word reading, regression and vocalization virtually impossible. At first, comprehension is sacrificed for speed. But when you learn to read ideas, you will not only read faster, but your comprehension will improve. Many people have found their reading skills improved a lot after some training. Most people cant read and comprehend quickly mainly because __________.
①  they dont read groups of words
②  they dont realize they have poor reading habits
③  they dont like to be trained in reading skills
④  they dont understand words when put together
【单选题】 Look!____________
①  Here your sister comes.
②  Here comes your sister.
③  Comes here your sister.
④  Your sister come here.
【单选题】 Goats are being hired to do the work of people near San Diego. The fires that occurred in Hillborbough four years ago destroyed thirty homes, most of which have been rebuilt. While people were rebuilding the homes, the grasses and bushes were growing back. The area is now so overgrown in bushes that there is again a major danger of fire.The city government put up bids to remove the bushes. The lowest bid they received was $50,000—and that was if the city provided breakfast and lunch for the workers for the six weeks it would take to clear the overgrown area. The city only wanted to give unlimited coffee and a piece of bread a day for each person. When that offer was rejected, the city asked for help on its website.A sheepherder in Montanta and a goat-keeper in San Bernardino read about the city’s plight(困境)while surfing the Web. They both offered to do the job for $25,000. The city government chose the goat-keeper because he lived closer. When he was told that the city dump(垃圾场)was overflowing , the goat-keeper said, “No problem. My goats will eat everything in your dump, except the car engines, of course.” So, for another $5,000, the city killed two birds with one stone. If all goes well, they will invite the goat-keeper and his “family” back every three years. The goat-keeper said that he would probably visit San Diego while his goats were in the dump.According to the passage, __________.
①  the sheepherder offered to do the job for $50,000
②  the lowest bid to remove the bushes was $50,000
③  the sheepherder and the goat-keeper were both addicted to surfing the Internet
④  hiring goats to do the job saved the city government lots of money
【单选题】 He____________ working as if nothing had happened.
①  continue
②  continues
③  continuing
④  continued
【单选题】 The twentieth century is the age of _____________.
①  technic
②  technician
③  technology
④  technological
【单选题】 Some scientists____________ that flowers open at particular times because their internal clocks tell them to do so.
①  receive
②  make
③  believe
④  talk
【单选题】 Client: Hello! May I speak to Mr. Turner?Secretary: ___________
①  I’m sorry. He’s at a meeting now..
②  I am. Speak, please.
③  Hello! Who’re you, please?
④  Hello! Thank you for calling.
【单选题】 Theteacher,aswellasallhisstudents,________bythedancersperformance.
①  wasimpressed
②  wereimpressed
③  impressed
④  hadimpressed
【判断题】 有限责任公司股东向股东以外的人转让股权需要其他股东半数以上不同意转让的,不同意的股东应当购买该转让的股权;不购买的,视为同意转让
①  正确
②  错误