(1) For a person who instigates another to commit a crime, the same punishment shall be applied to the instigator as one who actually commits the crime.
(2) When a person is instigated and consents to carry out a crime but does not reach the commencement stage for the commission thereof, the punishment for conspiracies or preparations thereof shall apply mutatis mutandis to the instigator and the instigated person.
(3) Even though the instigated person does not consent to the commission of a crime, the preceding paragraph shall apply to the instigator.