If the person who was instigated did not commit the crime of being instigated, how can the person wh

If the person instigated did not commit the crime, it was an attempt to instigate and also constituted a crime.

The instigator is independent, and the act of instigation is an objective element of the instigator's crime.

Therefore, the initiation of the abettor to commit the crime means that the abettor carries out the purpose of instigating the crime of others, and does not depend on whether the perpetrator initiates the crime instigated by the abettor. Specifically:

1. The instigator intentionally commits the act of instigating others to commit a crime, which itself is subjectively vicious and socially harmful, thus becoming the subjective and objective basis for him to constitute a crime and bear criminal responsibility.

2. The act of instigation is the premise and basis for the occurrence of harmful results, and without the instigation of the instigator, there would be no act of the instigator to carry out the crime instigated and the harmful results arising therefrom.

3. In the case that the person instigated has not committed the crime of being instigated, and the instigator fails to succeed for reasons other than his will, it shall be an attempt and shall be called an attempt by the instigator;

Then, in terms of punishment, the punishment for the attempted offender may be mitigated or commuted by comparison with the completed offense. First of all, there should be criminal responsibility for the attempted crime.

Second, since the Criminal Law stipulates that the punishment may be mitigated or mitigated, it is necessary to determine whether the punishment for the attempted crime is mitigated or mitigated. Third, where it is determined that the punishment can be mitigated or commuted, it is necessary to further determine whether the punishment should be mitigated or commuted.

If the instigated person did not commit the crime, it is an attempted instigation by the instigator and also constitutes a crime.

If the first case is followed, then it can be dismissed.

There are two views on doctrine: 1) the independence of instigation 2. The subordination of instigation.

According to the doctrine of accomplice independence, the abettor is not subordinate to the perpetrator. "Mitigating punishment" is not a comparison of the "principal offender" and "mitigating punishment", where the instigator determines the crime according to the crime instigated, and "mitigates the punishment" on the basis of the statutory sentence for the crime. My understanding is that if there are mistakes or mistakes, please point them out and make progress together.

LL.M. Postgraduate Opinion: The act of instigation is an independent crime and punishable, so when the instigator does not commit the crime instigated, the instigator alone constitutes a crime, but the punishment can be mitigated or mitigated, and this situation is usually called "the attempt to instigate itself".

To constitute an abettor, it is sufficient only to have an act of abetment.

Legal Analysis: If the instigated person did not commit the crime, it was an attempt to instigate the crime, and it also constituted a crime. The instigator is independent, and the act of instigating the instigator is an objective element of the instigator's crime.

In the case that the person instigated does not commit the crime instigated, the instigator fails to succeed for reasons other than his will shall be an attempt and shall be called an attempt by the instigator; The instigator intentionally commits the act of instigating others to commit a crime, which itself has subjective malice and social harm, and thus becomes the basis for him to constitute a crime and bear criminal responsibility.

Legal basis: Article 29 of the Criminal Law of the People's Republic of China: Those who instigate others to commit crimes shall be punished in accordance with the role he played in the joint crime. Those who instigate a person under the age of 18 to commit a crime shall be given a heavier punishment.

If the person instigated is guilty of the crime of being instigated, the punishment for the instigator may be mitigated or mitigated.

Those who instigate others to commit crimes on the basis of the Criminal Law of the People's Republic of China shall be punished in accordance with the role he played in the joint crime. Those who instigate a person under the age of eight to commit a crime shall be given a heavier punishment. If the person instigated did not commit the crime instigated, the punishment may be mitigated or commuted for the instigator.

Legal Analysis: If the person instigated did not commit the crime instigated, the punishment for the instigator may be mitigated or mitigated. Using methods such as persuasion, inducement, instigation, instigation, bribery, or threats, to instill one's own criminal intent into a person who does not have criminal intent, causing him to commit a crime in accordance with the instigator's criminal intent, and instigating a person constitutes instigating a crime.

In our criminal law, abetment is not a separate crime. Whatever crime of instigating others to commit is punished according to the crime, so the standard for filing a case for the crime of abetting is different for different crimes. The conditions for the establishment of the crime of instigation are:

1. The object of instigation. According to the mainstream view in criminal law theory, the object of instigation must be a person who has reached the legal age of criminal law and has the capacity for criminal responsibility. Otherwise, the instigator is not established, but the indirect principal offender.

2. Instigation. The act of instigation must induce the intention of another person to commit an illegal act that satisfies the constituent elements, so that he may commit the offence. 3. Instigation (including direct intention and indirect intention).

An instigator who deliberately instigates another person to commit an impossibly accomplished act is an attempted instigation and cannot be punished.

Legal basis: Dan slip.

Criminal Law of the People's Republic of China" Article 29: Where an instigator instigates others to commit a crime, he shall be punished in accordance with his role in the joint crime. Those who instigate a person under the age of 18 to commit a crime shall be given a heavier punishment. If the person instigated did not commit the crime instigated, the punishment for the instigator may be mitigated or mitigated.

Derivative Issue: Criteria for filing a case for the crime of abetment.

In our criminal law, abetment is not a separate crime. Whatever crime of instigating others to commit is punished according to the crime, so the standard for filing a case for the crime of abetting is different for different crimes. The conditions for the establishment of the crime of instigation are:

1. The object of instigation. According to the mainstream view in criminal law theory, the object of instigation must be a person who has reached the legal age of criminal law and has the capacity for criminal responsibility. Otherwise, the instigator is not established, but the indirect principal offender.

2. Instigation. The act of instigation must induce the intention of another person to commit an illegal act that satisfies the constituent elements, so that he may commit the offence. 3. Instigation (including direct intention and indirect intention).

An instigator who deliberately instigates others to commit an impossibly accomplished act is an attempted instigation and cannot be punished.

Legal Analysis: If the person instigated did not commit the crime of being instigated, the instigator may be given a lighter or mitigated punishment for the instigator.

Legal basis: Article 29 of the Criminal Law of the People's Republic of China provides that where an instigator instigates others to commit a crime, the punishment shall be changed in accordance with the role he played in the joint crime. Those who instigate a person under the age of 18 to commit a crime shall be given a heavier punishment.

If the person instigated does not commit the crime instigated, the punishment for the instigation may be mitigated or mitigated.