Instigator Defense (Incitement) — Article 24
An instigator (Article 24 of the Criminal Code) is a person who persuaded another to commit a crime. This is one of the most dangerous forms of complicity, as the instigator is often the "intellectual author" of the crime. Persuasion can occur through requesting, bribing, threatening, convincing, or other means. The instigator''s liability arises when the perpetrator starts preparing or attempting the crime. Often, the instigator does not participate in the execution and thinks they will avoid responsibility, but the law frequently punishes them as severely, or even more severely, than the direct perpetrator. The defense strategy relies on breaking the causal link: it must be proven that the perpetrator had already decided to commit the crime independently, and the instigator''s actions did not have a decisive influence on their will.
What Does This Service Cover?
Lawyers listed on Legal.ge offer strategic defense for incitement charges:
- Breaking Causal Link: Proving that the alleged instigator''s words or actions did not cause the crime. Demonstrating the perpetrator''s independent will.
- Excluding Provocation: Identifying if the crime was provoked by a police agent or another party (entrapment), which is illegal and leads to the exclusion of evidence.
- Distinguishing Mere Conversation: General talk or expression of opinion about a crime is not incitement. Lawyers use linguistic expertise to analyze the content of conversations.
- Voluntary Renunciation: If the instigator dissuaded the perpetrator or notified the police before the crime was committed, they are exempt from liability.
Common Scenarios and Real-World Situations
Incitement charges often appear in:
The first scenario is "Contract Crime." A person offers money to another to beat someone up or damage property. This is a classic form of incitement (bribery).
The second scenario is "Psychological Pressure." A boss forces a subordinate to forge documents under threat of firing.
The third case is "Criminal Authority." A person uses their status to "advise" another to commit a crime.
Georgian Legal Framework
Regulations:
- Criminal Code of Georgia (Article 24, Part 2): Defines the concept of an instigator.
- Article 25: Liability of the instigator. They are punished under the same article as the perpetrator.
Service Process Step-by-Step
- Communication Analysis: Studying phone records and messages.
- Perpetrator''s Testimony: The perpetrator often blames the instigator to lighten their own sentence. The lawyer challenges the credibility of this testimony.
- Court: Presenting defense arguments.
Why Use Legal.ge?
Proving incitement is difficult as it is often verbal. A qualified lawyer can help refute the charges and prove that your actions were not the cause of the crime. Find specialists on Legal.ge.
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