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Is it abetting to tell others that you were killed by drunk driving?
The crime of instigation refers to instilling one's criminal intention into people who have no criminal intention through persuasion, temptation, instigation, encouragement, bribery and threats. , so that he deliberately commits a crime according to the abettor's crime, which constitutes an abettor. The characteristic of abetting crime is that the instigator does not commit the crime himself, but instigates others to commit their own criminal intentions.
The instigator and the abetted form a criminal relationship. Therefore, the instigator's instigator should be a person with criminal infringement ability and criminal responsibility ability. Instigating a person under the age of 14 or a mental patient does not constitute a criminal relationship, and only the instigator is convicted and sentenced separately.
Whoever instigates others to commit a crime shall be punished according to his role in the same crime. This is the general punishment principle for instigators. Therefore, the instigator plays a major role in the accomplice crime, followed by the accomplice.
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. Article 133 Whoever, in violation of traffic regulations, has a major accident, causing serious injury or death to others or causing heavy losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever escapes after a traffic accident or has other particularly bad circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Whoever escapes and causes death shall be sentenced to fixed-term imprisonment of not less than seven years. Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Traffic Accidents Article 1. Whoever engages in transportation or non-transportation and violates traffic regulations and causes a major traffic accident shall be convicted and punished in accordance with the provisions of Article 133 of the Criminal Law on the basis of distinguishing the responsibility for the accident.
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