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Anonymous users2024-02-12Where instigating others to commit a crime, the instigator and the person being instructed constitute a joint crime, and punishment is to be given on the basis of their role in the joint crime. Generally speaking, the instigator plays a secondary role and is an accessory, and the instigator plays a primary role and is the principal offender, and even if the instigator does not commit the crime instigated, the instigator must be held liable, but the punishment may be mitigated or reduced.
Legal analysis
The sentencing standards for instigating others to commit crimes are: 1. The criminals who instigate others to commit crimes may be co-perpetrators. That is, the situation of using others to achieve a crime, which is specifically manifested in the use of coercion or deception to dominate the direct perpetrator, so as to achieve the realization of the crime.
2. Instigating others to commit a crime may also constitute an instigator. A person who intentionally instigates and causes others to commit illegal acts that meet the constitutive requirements is an instigator. 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. If the person instigated did not commit the crime instigated, the punishment for the instigator may be mitigated or mitigated. 3. Coerced accomplices, that is, criminals who are coerced to participate in criminal activities.
Where a person is coerced to participate in a crime, punishment shall be commuted or waived in accordance with the circumstances of his crime. This is the crime of abetment, and the crime of abetment refers to the use of persuasion, inducement, instigation, instigation, bribery, threat, 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 according to the instigator's criminal intent, and instigating a person constitutes a crime of abetment.
Legal basis
Criminal Law of the People's Republic of China
Article 29: 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 did not commit the crime instigated, the punishment for the instigator may be mitigated or mitigated.
Article 28: Where a person is coerced to participate in a crime, punishment shall be commuted or waived in accordance with the circumstances of the crime.
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Anonymous users2024-02-11Legal Analysis: Is Making Others Commit a Joint Crime According to the provisions of China's relevant laws, instigating others to commit criminal acts is a joint crime, and the person who instigated the crime may generally be found to be the principal offender or instigator.
Legal basis: Criminal Law of the People's Republic of China
Article 25: Joint crimes refer to two or more persons committing a joint intentional crime. Where two or more persons commit a crime of joint negligence, it is not to be treated as a joint crime; Those who shall bear criminal responsibility are to be punished separately according to the crimes they committed.
Article 26: Those who organize or lead criminal groups to carry out criminal activities, or who play a major role in joint crimes, are the principal offenders. A relatively fixed criminal organization formed by three or more persons for the purpose of jointly committing a crime is a criminal group. The ringleaders who organize or lead a criminal group are to be punished in accordance with all the crimes committed by the group.
Principal offenders other than those provided for in paragraph 3 shall be punished in accordance with all crimes in which they participated, organized, or directed.
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Legally speaking: if the destruction of property reaches 5,000 yuan, it is suspected of intentional destruction of property; If the injury is minor, it is suspected of intentional injury, and if the result of serious injury or death is caused, it will be suspected of intentional injury (serious injury) and intentional homicide. In principle, the death penalty is not to be applied to the elderly over the age of 75, except where death is caused by particularly cruel means (article 49 of the Criminal Law), and the punishment may be mitigated or commuted for the elderly over the age of 75 who intentionally commit crimes; In addition, a suspended sentence shall be announced for 75-year-olds who meet the requirements for a suspended sentence of less than three years. >>>More