Thursday, November 11, 2010
Entrapment vs. Instigation
In instigation, the instigator practically induces the will-be accused into the commission of the offense and himself becomes a co-principal, in entrapment ways and means are resorted to for the purpose of trapping and capturing the law breaker in the execution of his criminal plan. People vs Galicia.
In entrapment the crime had already been committed while in instigation the crime was not yet and would not have been committed were it not for the instigation of the peace officer. People vs. Cahilig.
(Criminal law: Revised Penal Code, annotated)