如果被教唆的人没有犯被教唆的罪,对于教唆犯,可以从轻或者减轻处罚。
If the instigated person has not committed the instigated crime, the instigator may be given a lighter or mitigated punishment.
教唆人的教唆行为的后果有许多不确定因素,单独教唆犯的教唆行为不属于实行行为,不能确认其为犯罪。
The instigating act of individual instigator cannot be considered one of important conditions constituting a crime because it does not belong to act of perpetrating.
对于教唆犯,只有当被教唆的人所实施的犯罪与教唆犯所教唆的犯罪完全没有重合性质时,才能认定为教唆未遂。
As for the abettor, only there is any overlapping between the abettor and the person who accepts the instigation, could it be judged as the attempted instigation.
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