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Whoever instigates a minor under the age of 18 to commit a crime shall be given a heavier punishment.
According to Article 29 of the Criminal Law, "whoever instigates a person under the age of 18 to commit a crime shall be given a heavier punishment". According to hermeneutics, the term "people under 18 years old" in this provision does not include minors under the age of criminal responsibility, that is, minors under 16 years old, and minors under 14 years old who commit crimes as stipulated in the second paragraph of Article 17 of the Criminal Law. This is because: judging from the position of Article 29 of the Criminal Law in the criminal law system, this article is a provision for instigators and is set in the section of "accomplice in crime". Then, only when the instigated person constitutes a crime can the problem of * * * be established and the instigator be established. Instigating minors who have not reached the age of criminal responsibility to commit crimes, because the instigated person does not constitute a crime, there is no * * * offender, and of course there is no problem of instigator. Instigating minors who have not reached the age of criminal responsibility to commit crimes is actually using it as a tool. For instigators, it is tantamount to committing crimes in person, which is theoretically called indirect principal offender. Therefore, the "person under the age of 18" stipulated in Article 29 of the Criminal Law only refers to minors who have reached the age of criminal responsibility. Therefore, the provisions of Article 29 of the Criminal Law cannot be applied to those who instigate minors who have not reached the age of criminal responsibility to commit crimes.