How to identify the crime of employing others in judicial examination

Q: Hello, lawyer, my brother went to Guangzhou to work and help people move goods in a factory. Because of his careless friends in life, he was hired to steal machinery and equipment and was found out. Now he is locked up in the police station, but the people who hired him are really nice. I want to know, is it a crime to hire someone else to commit a crime? If so, how to convict the employer?

A: According to Article 25 of the Criminal Law of People's Republic of China (PRC), a * * * joint crime means that two or more persons intentionally commit a joint crime. If two or more people commit a negligent crime, they shall not be punished as negligent crimes; Those who should bear criminal responsibility should be punished according to the crimes they committed.

In addition, the law also stipulates that those who organize and lead criminal groups to carry out criminal activities or play a major role in joint crimes are the principal offenders. A relatively fixed criminal organization in which three or more persons jointly commit crimes is a criminal group. The ringleaders who organize and lead a criminal group shall be punished according to all the crimes committed by the group. The principal offender shall be punished according to all the crimes he participated in, organized or directed. The criminal law also stipulates that whoever instigates others to commit a crime shall be punished according to his role in the same 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.

To sum up, according to the criminal law, it is a crime to hire others to commit a crime, the employer is an instigator, and the employee is convicted and punished as an instigator. Therefore, the person who hired your brother to commit a crime also violated the criminal law and should bear criminal legal responsibility. His charges, like your brother's, are theft.