Exempting circumstances – refers to circumstances exempting individuals who committed and offense from criminal liability. 1. Concept Exempting circumstances – refers to circumstances exempting individuals who committed and offense from criminal liability. a. Legal basis Article 12. Circumstances which exempt from criminal liability. – the following are exempt from criminal liability: 1. An imbecile or…
Lawful insuperable cause – refers to the exempting circumstance that exempts an accused from criminal liability for committing an offense resulting from failing to perform an act required by law, when prevented by some lawful insuperable cause. 1. Concept Lawful insuperable cause – refers to the exempting circumstance that exempts an accused from criminal liability…
Uncontrollable fer – refers to the exempting circumstance that exempts an accused from criminal liability for committing an offense resulting from failing to perform an act required by law, when prevented by some lawful insuperable cause. 1. Concept Uncontrollable fer – refers to the exempting circumstance that exempts an accused from criminal liability for committing…
Irresistible force – refers to the exempting circumstance that exempts an accused from criminal liability for committing an offense resulting from acting under the compulsion of irresistible force. 1. Concept Irresistible force – refers to the exempting circumstance that exempts an accused from criminal liability for committing an offense resulting from acting under the compulsion…
Accident – refers to the exempting circumstance that exempts an accused from criminal liability for committing an offense while performing a lawful act with due care, causes an injury by mere accident without fault or intention of causing it. 1. Concept Accident – refers to the exempting circumstance that exempts an accused from criminal liability…
Minor 15 to 17 years old – refers to the exempting circumstance that exempts an accused from criminal liability for committing an offense due to being a 15 to 17 years old, unless the accused acted with discernment. 1. Concept Minor 15 to 17 years old – refers to the exempting circumstance that exempts an…
Minor under 15 years old – refers to the exempting circumstance that exempts an accused from criminal liability for committing an offense due to being a minor under 15 years of age. 1. Concept Minor under 15 years old – refers to the exempting circumstance that exempts an accused from criminal liability for committing an…
Imbecile or insane – refers to the exempting circumstance that exempts an accused from criminal liability for committing an offense resulting from being an imbecile or insane person, unless an insane person committed the offnse during a lucid interval. 1. Concept Imbecile or insane – refers to the exempting circumstance that exempts an accused from…
1. Justifying circumstances The following do not incur any criminal liability: 1) Anyone who acts in defense of his person or rights, provided that the following circumstances concur: First. Unlawful aggression. Second. Reasonable necessity of the means employed to prevent or repel it. Third. Lack of sufficient provocation on the part of the person defending…