If the instigated person has not committed the instigated crime, the instigator may be given a lighter or mitigated punishment. The object of abettor's instigation should be a person with criminal responsibility ability and reaching the age of criminal responsibility. Instigating a person under the age of 14 or a person with mental illness does not constitute a criminal relationship, and only the instigator is convicted and sentenced separately.
The so-called "the instigated person has not committed the instigated crime" includes two situations. 1。 The abettor's instigation did not cause the abetted person to commit a crime intentionally. The instigated person has neither committed the crime instigated by the instigated person nor committed other crimes, and his instigation has not caused actual harmful results.
2。 The instigated person committed other crimes instead of the instigated person. In either case, it is an abetting crime and should bear criminal responsibility. However, because the instigated person did not commit the instigated crime, the instigator's instigation has not yet caused actual harmful results, or although it has caused harmful results, it has no causal relationship with its instigation, and the instigator can be given a lighter or mitigated punishment.
Article 29 of the Criminal Law of People's Republic of China (PRC) instigates others to commit crimes, and shall be punished according to his role as an accomplice. Whoever instigates a person under the age of 18 to commit a crime shall be given a heavier punishment. If the instigated person has not committed the instigated crime, the instigator may be given a lighter or mitigated punishment.
What conditions do instigators need to meet?
An instigator shall meet the following conditions:
1。 There are abetting acts of abetting others to commit crimes. Persuade, encourage, seduce, buy, threaten, etc. Instill one's criminal intention to those who have no criminal intention or are not firm despite criminal intention, so as to make others accept one's criminal intention and strengthen one's determination to commit a crime, thus achieving the purpose of committing a crime. If words are used to encourage people who have decided to commit a crime and promote the smooth implementation of the crime, this kind of behavior belongs to helping the crime, not to the instigator.
2。 It must be intentional. That is, knowing that one's instigation will lead others to commit crimes, and then committing crimes, and hoping or letting others commit crimes. If something is said unintentionally, which arouses the criminal intention of others and leads to the occurrence of a crime, it cannot be regarded as an instigator.
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Legal basis: criminal law
Article 29 Whoever instigates others to commit a crime shall be punished according to his role in the joint crime. Whoever instigates a person under the age of 18 to commit a crime shall be given a heavier punishment.
If the instigated person has not committed the instigated crime, the instigator may be given a lighter or mitigated punishment.