جريمة التحريض : بين الاستقلال و التبعية : دراسة مقارنة

Abstract EN

The summary is that the criminal contribution to the crime of incitement is an act committed by one of the contributors to the crime by broadcasting the idea of the crime in a mind that was completely devoid of this idea, and some laws consider it an independent crime in its own right and some laws consider it an original contribution to the crime, so that the situation and punishment of the instigator is the same as the original perpetrator, while some laws consider the criminal contribution to inciting the commission of a crime merely a consequential contribution and the instigator is merely a partner and not a moral perpetrator of the crime and does not consider the criminal contribution to commit a crime merely as a dependency contribution.

The instigator of the crime has an independent offence but is punishable for incitement as one of the ways to participate in the crime.

Incitement does not take a particular form and direct incitement does not necessarily have to be explicit, but incitement may be implicit, but it is direct at the same time, and only if there is an understanding between the instigator and the perpetrator about the crime to be committed, even in general, leaving the details of its execution to the perpetrator.

Therefore, the subject of incitement to crime is an important and sensitive subject within the scope of the Penal Code because the instigator is very dangerous because it does not appear in existence in most cases, but it continues to operate in secret and secret where the act is done in secret and ends in it as well, and only the original perpetrator of the crime appears without the instigator at a time when the instigator is the main motive and the main engine of the crime and the perpetrator does not defeat him because his will is