What are the crimes of the father for instigating his 13 year old son to commit a crime?

The father was suspected of abetment and was convicted separately;The 13-year-old son is a minor and does not bear criminal responsibility.

The crime of abetment refers to the use of persuasion, inducement, instigation, instigation, bribery, threats, or other methods 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 a crime of abetment. The instigator and the person instigated to commit the crime form an accomplice relationship, so that the object of the instigation should be a person with the capacity for criminal offence and criminal responsibility;However, instigating a person under the age of 14 or who is mentally ill does not constitute an accomplice relationship, and only the instigator is convicted and sentenced separately.

Is there such a person, it is not as good as a beast, after all, his own children, hoping that his son will become a dragon, and his daughter will become a phoenix, how can he let his children commit crimes

Whatever crime is committed by abetting a minor, he is what he is, and if there is no instigation, whatever crime is abetted, what is the crime of instigating a person.

According to article 29 of the Criminal Law, whoever instigates others to commit a crime 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.

Therefore, it mainly depends on what crime is instigated to commit by the child. The punishment shall be heavier in accordance with the sentencing for this crime.

Does the father instigate his 13-year-old son to beat someone, and as a result, the 13-year-old son beats the person to death, does this constitute a joint crime?

The father is guilty of a crime, and the age of 13 is criminally liable for intentional homicide under the amended amendments to the Penal Code. The two constituted a joint crime.

According to the relevant laws and regulations of the state, if the perpetrator subjectively instigates a minor to commit a crime, it is necessary to make a judgment on whether it constitutes a joint crime based on the specific circumstances of the case, and the law provides that abetting a minor is the principle of heavier punishment, and if the instigation of a minor is by coercion, the instigator shall bear full criminal responsibility for the crime committed by the instigator by using a person who lacks the capacity for criminal responsibility.

1. Is instigating minors a joint crime?

According to the provisions of the relevant laws of our country, instigating juvenile crimes is a joint crime. However, in judicial practice, not all instigators commit joint crimes. Where others are instigated to commit crimes, punishment shall be given 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.

1. Indirect principal offender is a special circumstance of instigation, that is, instigating a person who has not reached the age of criminal responsibility or has no criminal responsibility to commit a crime, and at this time it is not the instigator and becomes an indirect principal offender. Because he alone bears criminal responsibility personally.

2. If the instigator plays a major role in the joint crime, then he is the principal offender; If the abettor plays a secondary role in the joint crime, then he is an accessory; If the abettor is coerced into instigating another person to commit a crime, then he is an accessory to coercion.

Therefore, it is necessary to distinguish between an abettor and an instigating a person who lacks the capacity for criminal responsibility to commit a crime. The instigator must be a person who has reached the legal age of criminal responsibility and has the capacity for criminal responsibility.

If a person under the age of 14 is instigated to commit a crime, or a person who has reached the age of 14 but is not yet 16 years old to commit a crime other than that prescribed by law, according to the provisions of our law, since the person instigated does not bear criminal responsibility, in these cases, there is no accomplice relationship between the instigator and the person instigated, and the instigator shall bear full criminal responsibility for the crime committed by him or her by using the person who lacks the capacity for criminal responsibility.

According to Article 29 of the Criminal Law of the People's Republic of China, a person who instigates others to commit a crime 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.

II. What are the criminal responsibilities of the instigator to be determined?

1. Those who instigate others to commit crimes shall be punished in accordance with the role he played in the joint crime. This is the general principle of punishment for the abettor, so that the abettor plays the primary role in the joint crime and the accessory plays a secondary role.

2. Those who instigate a person under the age of 18 to commit a crime shall be given a heavier punishment.

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

To sum up, where an instigator instigates a minor to commit a crime, it is generally punished as a joint crime, and being the principal offender is subject to the provisions of aggravating punishment, but if the essence of the juvenile crime is not that the juvenile himself wants to violate the relevant legal provisions, but that the relevant adult coerces him, there may be circumstances for commutation of punishment or exemption from punishment, and the instigator needs to bear full criminal responsibility.