The establishment of an instigator must meet the following conditions:
1. Object condition. The object of abettor is a specific person who has no criminal intent and criminal responsibility. The instigator of the instigator must meet the following conditions: (1) The instigator must be specific. (2) The object of instigation must be a person with criminal responsibility. Instigating a mental patient who has not reached the age of criminal responsibility or is incapable of responsibility does not constitute an accomplice, and the instigator should be treated as an indirect principal offender. (3) It must be a deliberate person who has not committed the abetted crime. A person who has the intention of being instigated to commit a crime cannot be the object of instigation. If the perpetrator knows that others have the intention to commit a crime, but gives advice, gives support, encourages them with courage, strengthens their criminal intention, and makes them commit a crime, it should not be regarded as an instigator, but as an accomplice.
2. objective conditions. The objective aspect of instigator must have the behavior of instigating others to commit crimes. When determining abetting behavior, we should pay attention to the following four aspects:
(1) The content of instigation must be a criminal act. An instigator cannot be established if he instigates others to commit other general illegal acts.
(2) There are various ways of instigation. It can be incited by words, writing or gestures, eyes and other body language. Specifically, you can use money, property, womanizing and other interests to induce others to commit crimes, use ridicule, contempt, insult and other means to stimulate others to commit crimes, use violence to coerce others to commit crimes, expose privacy, destroy property, and use feudal superstitions to instigate others to commit crimes, and so on.
(3) Indirect intentional instigation and direct intentional instigation have different objective requirements. In the case of direct intentional instigation, as long as the instigation is carried out, the instigated person is not required to commit the instigated crime. If the instigated person commits the instigated crime, an instigator or an accomplice shall be established in the crime; If the abetted person does not commit the abetted crime, the abettor constitutes an independent abettor. In the case of indirect intentional instigation, not only the perpetrator is required to instigate, but also the instigated person is required to commit the instigated crime. If the abetted person does not commit the abetted crime, it does not constitute a crime.
3. Subjective conditions. The instigator must have the intention to instigate others to commit crimes subjectively. Specifically includes the following points:
(1) In the specific form of crime, instigators are generally direct intent, but the possibility of indirect intent is not ruled out.
(2) In terms of cognitive factors, the actor realizes that his behavior will make a person commit a crime intentionally, and then commit a crime. If the actor does not know this subjectively, it does not constitute an instigator.
(3) From the perspective of will, the actor holds a hopeful or laissez-faire attitude towards others committing crimes and endangering the results.
Article 29 of the Criminal Law of People's Republic of China (PRC) instigates others to commit a crime, and shall be punished according to their 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.
The above is the relevant information compiled for everyone. To sum up, we can understand that the instigator must know what he is doing and instigate the instigated person. The court may decide to give a lighter or mitigated punishment according to the circumstances. If you have other questions and want to consult a lawyer, please consult online.