(1) A person who commits a crime by instigating or aiding and abetting another who is not punishable for such conduct, or who is punishable as an offender through negligence, shall be punishable in accordance with the provision for an instigator or accessory.
(2) A person who causes the results envisaged in the preceding paragraph by instigating or aiding and abetting another person who is under his or her control and supervision, shall be punished by increasing one half of the maximum term or maximum amount of penalty provided for the principal in the case of instigating, and with the penalty provided for the principal in the case of aiding and abetting.