instigatio

Instigatio is a legal term derived from Latin, in which instigare means to goad, urge, or provoke. In modern law, instigation refers to the act of encouraging or stimulating another person to commit a crime or unlawful act. It is typically treated as a distinct offencive act, separate from the crime itself or from aiding or abetting the offense.

In many jurisdictions, proving instigation requires a combination of intent and an overt act that aims to prompt the wrongdoing. This can include verbal persuasion, written communication, or other conduct that directly encourages another to commit a crime. The precise elements, such as the level of intent required or whether mere encouragement suffices, vary by jurisdiction. Some systems require that the incitement be directed at a specific individual or group, while others prohibit incitement to violence regardless of the audience.

Instigation is often differentiated from related concepts such as conspiracy (an agreement to commit a crime, sometimes requiring multiple participants) and aiding or abetting (providing assistance to the offender). It can also be distinguished from incitement or solicitation, which in some legal traditions refer to urging another to commit an offense, sometimes with different procedural or mens rea implications.

Historically, instigatio appears in Roman law as a concept concerning urging others to rebel or engage in wrongful acts, and the term has influenced later legal language in many civil and common law systems.

See also: incitement, solicitation, conspiracy, aiding and abetting.