anstiften

Anstiften is a German verb meaning to incite or instigate someone to commit a crime or wrongful act. The related noun Anstiftung denotes the act of instigating. In legal contexts, an instigator may be punished even if they do not themselves commit the offense, because the act of instigation is treated as a separate offense.

Etymology and usage: The word derives from the verb stiften, with the prefix an-, conveying the sense of prompting toward action. The term is commonly used in criminal law to describe someone who actively induces another person to carry out a crime.

Legal context and elements: In criminal law, Anstiftung is a distinct offense that requires proof of intentional prompting or urging another person to commit a crime. Typical elements include a deliberate act by the instigator to influence the other person, a crime that would be committed as a result (or would have been committed), and a causal link between the instigation and the offense. The instigator’s liability is separate from that of the principal offender, and penalties can be substantial even if the crime is not ultimately carried out. The act is distinguished from Beihilfe (assistance) and from Mitwirkung (accomplice participation) by the nature of the prompt and the role played by the instigator.

Examples: Inciting someone to steal, paying or persuading another to commit violence, or providing a plan or instructions that lead someone to commit a crime. The precise consequences and the threshold of proven incitement vary by jurisdiction.

Notes: The term is most closely associated with German law and legal vocabulary, but many legal systems recognize a comparable concept of incitement or instigation with jurisdiction-specific rules.