united-states assault
Can somebody be charged for having another person physically assault someone for them?
<p>For example, if a friend asked her father to physically assault me, and her father did it, can the friend who asked her father to assault me also be charged with assault?</p>

<p>Yes.</p>
<p>The charge in that case is solicitation of assault. Usually, solicitation of a crime carries the same punishment as the underlying crime.</p>
<p>On the other hand, if a daughter tells her father what you did to her and he unilaterally decides to assault you, out of defense of his family's honor and outrage, the daughter has not committed a crime.</p>

<p><a href="/questions/tagged/germany" class="post-tag" title="show questions tagged &#39;germany&#39;" aria-label="show questions tagged &#39;germany&#39;" rel="tag" aria-labelledby="tag-germany-tooltip-container">germany</a></p>
<p>Solicitation of a crime is a crime in itself, and will be punished in the same way as the actual crime.</p>
<blockquote>
<p>Als Anstifter wird gleich einem Täter bestraft, wer vorsätzlich einen
anderen zu dessen vorsätzlich begangener rechtswidriger Tat bestimmt
hat.</p>
</blockquote>
<blockquote>
<p><em>Who intenitionally affects someone to intentionally commit an ulawful act, is punished as an instigator to the same extent as the perpetrator.</em></p>
</blockquote>
<p><a href="https://www.gesetze-im-internet.de/stgb/__26.html" rel="noreferrer">§ 26 Anstiftung StGB</a> (StGB = Strafgesetzbuch, the German penal code).</p>
<p>However you will probably not charged with conspiracy. § 277 StGB makes the preparation of certain crimes a punishable offense (even if the actual crime is not executed), but is pretty much limited to human trafficking, some drug related offenses, causing nuclear accidents and wielding weapons of mass destruction. Assault is not in there.</p>
<p>If you order people to commit assault on a regular basis and the group includes at least three people, you might be charged according to <a href="https://www.gesetze-im-internet.de/stgb/__129.html" rel="noreferrer">§ 26
StGB</a> with &quot;Bildung einer kriminellen Vereinigung&quot; (&quot;kriminellen Vereinigung&quot; - &quot;association of criminals&quot; being defined as a group of people who meet with the purpose of committing crimes). That also does not seem applicable to the question,</p>

<p>In Australia this could fall under common purpose or commission by proxy. From the Criminal Code 1995:</p>
<blockquote>
<h3>11.2  Complicity and common purpose</h3>
<p><strong>(1)  A person who aids, abets, counsels or procures the commission of an offence by another person is taken to have committed that
offence and is punishable accordingly.</strong></p>
<p>(2)  For the person to be guilty:</p>
<blockquote>
<p>(a)  the person’s conduct must have in fact aided, abetted,
counselled or procured the commission of the offence by the other
person; and</p>
<p>(b)  the offence must have been committed by the other person.</p>
</blockquote>
<p>(3)  For the person to be guilty, the person must have intended that:</p>
<blockquote>
<p>(a)  his or her conduct would aid, abet, counsel or procure the
commission of any offence (including its fault elements) of the type
the other person committed; or</p>
</blockquote>
<blockquote>
<p>(b)  his or her conduct would aid, abet, counsel or procure the
commission of an offence and have been reckless about the commission
of the offence (including its fault elements) that the other person in
fact committed.</p>
</blockquote>
<p>(3A)  Subsection (3) has effect subject to subsection (6).</p>
<p>(4)  A person cannot be found guilty of aiding, abetting, counselling
or procuring the commission of an offence if, before the offence was
committed, the person:</p>
<blockquote>
<p>(a)  terminated his or her involvement; and</p>
<p>(b)  took all reasonable steps to prevent the commission of the
offence.</p>
</blockquote>
<p>(5)  A person may be found guilty of aiding, abetting, counselling or
procuring the commission of an offence even if the other person has
not been prosecuted or has not been found guilty.</p>
<p>(6)  Any special liability provisions that apply to an offence apply
also for the purposes of determining whether a person is guilty of
that offence because of the operation of subsection (1).</p>
<p>(7)  If the trier of fact is satisfied beyond reasonable doubt that a
person either:</p>
<blockquote>
<p>(a)  is guilty of a particular offence otherwise than because of the
operation of subsection (1); or</p>
<p>(b)  is guilty of that offence because of the operation of subsection (1);</p>
</blockquote>
<p>but is not able to determine which, the trier of fact may nonetheless
find the person guilty of that offence.</p>
<p>...</p>
<h3>11.3  Commission by proxy</h3>
<p><strong>A person who:</strong></p>
<blockquote>
<p><strong>(a)  has, in relation to each physical element of an offence, a fault element applicable to that physical element; and</strong></p>
<p><strong>(b)  procures conduct of another person that (whether or not together with conduct of the procurer) would have constituted an offence on the part of the procurer if the procurer had engaged in it;</strong></p>
</blockquote>
<p><strong>is taken to have committed that offence and is punishable accordingly.</strong></p>
</blockquote>
