Legal analysis
The criminal responsibility of instigators can be divided into the following three situations. First, the instigated person committed the instigated crime. For instigators, the role they play in the same crime should prevail. Those who play a major role shall be punished according to the principle of punishing the principal offender, and those who play a minor role shall be given a heavier punishment according to the principle of punishing the accessory. Second, if the instigated person did not commit the instigated crime, it still constitutes an independent instigator because the instigated person subjectively has the intention of enzyme and objectively implements the abetting behavior. However, considering that the abetting behavior has not caused actual harmful consequences, the abettor can be given a lighter or mitigated punishment for this abetting crime, and the concept of * * * accomplice is not applicable. Third, professors under the age of 18 should be severely punished for committing crimes.
legal ground
Article 29 of the Criminal Law of People's Republic of China (PRC) instigates others to commit crimes, and shall be punished according to his role as an accomplice. Whoever instigates a person under the age of 18 to commit a crime shall be given a heavier punishment. If the instigated person has not committed the instigated crime, the instigator may be given a lighter or mitigated punishment.