What are the requisites of exempting circumstances? (2023)

What is an exempting circumstance?

The exempting circumstances are imbecility or insanity, minority, accident, compulsion of irresistible force, impulse of uncontrollable fear of an equal or greater injury, lawful or insuperable cause. Absolutory causes and instigation of a peace officer produce also the effect of an exempting circumstance.

(Video) Exempting Circumstances
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What are the requisites of state of necessity?

The Criminal Defense of Necessity

The defendant must reasonably have believed that there was an actual and specific threat that required immediate action. The defendant must have had no realistic alternative to completing the criminal act. The harm caused by the criminal act must not be greater than the harm avoided.

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What are the circumstances which exempt a person from criminal liability?

Exempting Circumstances- These are defenses where the accused committed a crime but is not criminally liable. There is a crime, and there is civil liability but no criminal. 1. The basis is the lack of any of the elements which makes the act/omission voluntary, i.e. freedom, intelligence, intent or due care.

(Video) Ano ang Exempting Circumstances? (Tagalog Discussion)
(MS Criminology)
What are the requisites under this exempting circumstance?

–it must consist of an extraneous force coming from a third person. A person who acts under compulsion of an irresistible force like one who acts under impulse of uncontrollable fear of equal or greater injury –exempt from criminal liability because he does not act with freedom.

(Video) Art. 11 & 12 | Justifying and Exempting Circumstances | Criminal Law I
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What are the requisites of justifying circumstances?

Ruling of the Court

The indispensable requisite for either of these justifying circumstances is that the victim must have mounted an unlawful aggression against the accused or the stranger. Without such unlawful aggression, the accused is not entitled to the justifying circumstance.

What are the 3 requisites of self-defense?

"Self-defense, as a justifying circumstance that exonerates criminal liability, requires the following essential elements: (1) unlawful aggression on the part of the victim; (2) reasonable necessity of the means employed to prevent or repel such aggression; and (3) lack of sufficient provocation on the part of the ...

(Video) What is SELF DEFENSE, Requisites and example of it ? | JUSTIFYING CIRCUMSTANCES
What are the requisites to be considered as defense of relatives?

its elements exist, to wit: (a) unlawful aggression; (b) reasonable necessity of the means employed to prevent or repel the attack; and (c) the person defending be not induced by revenge, resentment, or other evil motive.

(Video) REVISED PENAL CODE | Justifying and Exempting Circumstances
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What is the basis of exemption from punishment in exempting circumstances?

Basis: The exemption from punishment is based on the complete absence of intelligence, freedom of action, or intent, or on the absence of negligence on the part of the accused.

(Video) Revised Penal Code, Article 12, Exempting Circumstances, Act No. 3815 | Law Requisites Ph
(The Law Requisites Ph)
What is the difference between justifying and exempting circumstances?

Justifying circumstance affects the act, not the actor; while exempting circumstance affects the actor, not the act. In justifying circumstance, no criminal and, generally, no civil liability is incurred; while in exempting circumstance, civil liability is generally incurred although there is no criminal liability.

(Video) Incomplete Exempting or Justifying Circumstances; Mitigating Circumstances
(Mister Criminology)
Why is minority an exempting circumstance?

Minority As An Exempting Circumstance Is Determined By One's Birth Date And Not By One's Mental Age. Accused-appellant Roxas was charged of five counts of rape against AAA, a minor who was 9 years old at the time of the first rape and 10 ...

(Video) Mitigating Circumstances Incomplete Justifying & Exempting
(CLJ Notes)

What are the 3 exemptions of punishment?

Basis: The exemption from punishment is based on the complete absence of intelligence, freedom of action, or intent, or on the absence of negligence on the part of the accused.

(Video) Exempting Circumstances, Revised Penal Code
(The Law Requisites Ph)
What is an example of justifying circumstances?

An example of this is when a father returns from work to find his daughter being raped. The father kills the rapist by slamming a solid wooden chair on his head while the rapist is still doing his thing. Once again, reasonable necessity of means and actual or imminent aggression come into play.

What are the requisites of exempting circumstances? (2023)
What is a mitigating circumstance give example?

Mitigating circumstances must be relevant to why an offense was committed. Examples of mitigating circumstances include the age, history, and remorsefulness of the defendant.

What are some examples of mitigating circumstances?

Common Mitigating Circumstances
  • Minor role. The defendant played a relatively minor role in the crime. ...
  • Victim culpability. The victim willingly participated in the crime or initiated the events leading to it. ...
  • Unusual circumstance. ...
  • No harm. ...
  • Lack of record. ...
  • Relative necessity. ...
  • Remorse. ...
  • Difficult personal history.

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