Instigation

Instigation in Swiss criminal law covers the deliberate prompting or persuading of another person to commit a specific offence. The instigator must intentionally bring about the decision to offend; mere approval, presence or vague encouragement is not enough. If the principal offence is committed or at least attempted, the instigator is generally punished in relation to that offence. Issues arise where the other person was already determined to act, where the induced offence differs from what was intended, or where undercover operations are involved.