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发表于 17-5-2011 02:34 PM
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Section 107-109 Penal Code.
鼓励他人犯罪的刑罚和所犯罪的刑罚 是一样的.
例子: 鼓励他人谋杀= 死刑
107. A person abets the doing of a thing who—
(a) instigates any person to do that thing;
(b) engages with one or more other person or persons in any
conspiracy for the doing of that thing, if an act or illegal
omission takes place in pursuance of that conspiracy, and
in order to the doing of that thing; or
(c) intentionally aids, by any act or illegal omission, the
doing of that thing.
Explanation 1—A person who, by wilful misrepresentation, or by wilful
concealment of a material fact which he is bound to disclose, voluntarily
causes or procures, or attempts to cause or procure, a thing to be done,
is said to instigate the doing of that thing.
109. Whoever abets any offence shall, if the act abetted is committed
in consequence of the abetment, and no express provision is made
by this Code for the punishment of such abetment, be punished
with the punishment provided for the offence.
A, with the intention of murdering Z, instigates B, a child under
seven years of age, to do an act which causes Z’s death. B, in consequence
of the abetment, does the act, and thereby causes Z’s death. Here, though
B was not capable by law of committing an offence, A is liable to be
punished in the same manner as if B had been capable by law of committing
an offence and had committed murder, and he is therefore subject to the
punishment of death. |
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