instigation

Instigation refers to the act of urging or stimulating another person to take a particular action, most often a criminal act. It involves encouraging, persuading, or initiating conduct by another person, with the instigator intending that the other party perform the act.

Criminal law: In many legal systems, instigation can itself be punishable. Elements commonly include: an intent to instigate or influence another person, an act by the instigator that encourages or facilitates the target act, and a causal link between the instigation and the act. Some jurisdictions require that the offense be carried out or attempted, while others punish instigation even if the target fails to commit the offense.

Distinctions: Instigation is distinct from incitement, solicitation, and conspiracy, though related. Incitement often emphasizes persuading someone to commit wrongdoing in a way that the act would be unlawful to carry out; solicitation involves requesting another person to commit a crime; conspiracy requires a formal agreement to commit a crime, sometimes with accomplices. Instigation can be punished even when the instigated person proceeds only to attempt or plan, depending on the jurisdiction.

Non-criminal use: The term is also used in ordinary language to describe triggering or initiating actions or processes, such as instigating a policy debate or reforms within an organization. The ethical assessment of instigation depends on the context and outcomes.

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