Instigation is not a separate crime. If instigating others to kill, it will constitute intentional homicide. To instigate others to take drugs constitutes the crime of instigating others to take drugs. According to the law, those who instigate others to commit crimes shall be punished according to their role in joint crimes. Whoever instigates a person under the age of 18 to commit a crime shall be given a heavier punishment. If the instigated person has not committed the instigated crime, the instigator may be given a lighter or mitigated punishment.
Legal basis
Article 29 of the Criminal Law of the People's Republic of China [instigator] who instigates another person to commit a crime shall be punished according to his role in the joint crime. Whoever instigates a person under the age of 18 to commit a crime shall be given a heavier punishment.
If the instigated person has not committed the instigated crime, the instigator may be given a lighter or mitigated punishment.