试题与答案

某甲意图杀害乙某，在乙某的牛奶中投放安眠药，但因为使用的安眠药没有达到致死量，所以仅

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题型：单项选择题

题目：

某甲意图杀害乙某，在乙某的牛奶中投放安眠药，但因为使用的安眠药没有达到致死量，所以仅导致某乙深度熟睡。某甲误以为某乙已经死亡，将“尸体”装入麻袋投入河中，致乙溺死，甲构成：

A．构成故意杀人罪未遂

B．构成故意杀人罪既遂

C．构成过失致人死亡罪和帮助毁灭证据罪，属于想象竞合犯，从一重罪处罚

D．构成故意杀人罪(未遂)和过失致人死亡罪，数罪并罚

答案：

参考答案：B

解析：[考点] 因果关系错误
因果关系错误是指行为人实现了所希望的结果，但是导致结果的因果关系发展过程与行为人所预期的发展进程不一致，不影响既遂成立。甲误认为乙已经死了，而将乙投入河中，致使乙被溺死属于因果关系的认识错误，不影响对死亡结果承担责任。故B项正确。

考点：国家司法考试司法考试卷二司法卷二
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