Incitement

Incitement is a term of criminal law. Different legal systems have developed different rules.

• 2.1 deviation of the crimes committed by the excited indeed
• 2.2 Literature

• 3.1 unit perpetrators

Germany

Incitement: is equal to punish an offender as instigators who willfully another to its committed intentionally unlawful act is determined ( § 26 StGB). Incitement is in addition to the aid § 27 StGB a form of participation in a criminal offense.

The reason for criminal incitement is causing a violation of a legal / hazard (not the involvement of the main perpetrator in debt = debt participation doctrine, in detail controversial ).

Requirements for the predicate offense

The instigated main perpetrator must commit an intentional unlawful predicate offense. Whether the main perpetrator has also been at fault is irrelevant (so-called limited accessoriness ). This follows from the wording of § 26 of the Criminal Code ("... unlawful act ...") and the principle that every man according to his own guilt to punish (§ 29 StGB). An unsuccessful and thus only solicitation is only in the case of an intended crime pursuant to § 30 StGB, with an intended offense against it with impunity ( wording of § 26 of the Penal Code: " ... who has intentionally induces another to whose intentional criminal act of illegal determined. "; § 30 StGB trial participation). From the attempted ( unsuccessful ) incitement of the main perpetrator but is the ( so far successful ) to distinguish criminal incitement to trial the main perpetrator.

Instigating action ( "determining" )

In § 26 of the Criminal Code is only the word " determined " used in the definition of incitement. The overwhelming opinion in law and literature understands by any causing a Tatentschlusses. Thereafter, therefore achieving a tempting situation ranges if necessary, to communicate with the main perpetrators or even an injustice Pact ( collusion ) is not required thereafter. Someone who is already determined to be a crime, can by definition not be up to it. The Latin technical term used by lawyers for this is omnimodo facturus (also known as facturus ). Even in these cases, there is only one ( for offenses unpunished ) prior to the incitement. To think in these cases, however, a psychological aid or always criminal incitement attempt to commit a crime, § 30 of the Criminal Code.

Intent with respect to the predicate offense and will to violation of a legal

The instigator must have ( added to his purpose ) also committed the predicate offense was intended. An agent provocateur ( agent provocateur ) do not want the ending of the other act and a violation of the protected legal interest ( such as property or bodily integrity ), but only their attempt (or possibly only the formal completion without an actual violation of a legal, in detail controversial ). He is thereafter not to be penalized as an instigator, because the penalty due to the incitement is the cause of a violation of a legal or compromise. This also applies to Undercover investigators.

Intent with respect to the inciting action

The intent of the instigator must include ( determining ) itself also instigating action. There are problems here, if someone wants to do another to his (eg header -less ) tool within the meaning of indirect perpetration, but this sees through and intentionally committed the predicate offense. Who makes someone his (dependent) tool that does more than an instigator. Thus is the will to incite someone to a crime, in the will to make someone his instrument to be included.

Penalties / punishment shift

The Criminal Code defines in § 26 that the instigator is equal to punish a perpetrator. A statutory mitigation is therefore (as opposed to aid ) is not provided. However, the punishment for the instigators may be higher or lower than the main perpetrators of the specific predicate offense (§ 28 and § 29 StGB) in certain cases.