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PHL01_CO4_Set #3

🤔📗4️⃣4️⃣4️⃣4️⃣ PHL01_CO4 - Criminal Liability - SET 3

QuestionAnswer
Four Circumstances Affecting Criminal Liability Mitigating, Aggravating, Exempting, and Justifying circumstances.
Mitigating Circumstances Factors that lessen criminal liability because the offender’s will was compromised.
Aggravating Circumstances Factors that increase criminal liability because the offender exercised maximum will.
Exempting Circumstances Factors that remove criminal liability due to severely compromised will or lack of agency.
Justifying Circumstances Factors that remove criminal liability because the act was necessary or lawful.
Purpose of Mitigating Circumstances To reduce the severity of punishment when intent or control was diminished.
Purpose of Aggravating Circumstances To increase punishment when intent, planning, or severity is heightened.
Purpose of Exempting Circumstances To absolve individuals who lacked full mental, physical, or legal capacity.
Purpose of Justifying Circumstances To recognize actions that are lawful or necessary despite causing harm.
Example of Mitigating Circumstance: No Intent When the offender had no intention to commit so grave a wrong.
Example of Mitigating Circumstance: Provocation When sufficient provocation or threat immediately preceded the act.
Example of Mitigating Circumstance: Vindication When the act was committed in immediate vindication of a grave offense.
Example of Aggravating Circumstance: Insult to Authority When the crime was committed with insult to public authorities.
Example of Aggravating Circumstance: For Reward When the crime was committed for a price, reward, or promise.
Example of Aggravating Circumstance: Nighttime or Band When the crime was committed at night, in an uninhabited place, or by a band.
Example of Exempting Circumstance: Insanity When the offender is insane or an imbecile, unless during a lucid interval.
Example of Exempting Circumstance: Irresistible Force When the offender acts under the compulsion of irresistible force.
Example of Exempting Circumstance: Minor Under 15 When the offender is under 15 years old (R.A. 9344).
Example of Justifying Circumstance: Self-Defense When the act is done to protect oneself from unlawful aggression.
Example of Justifying Circumstance: Avoiding Greater Evil When the act prevents a greater evil or injury.
Example of Justifying Circumstance: Fulfillment of Duty When the act is done in lawful exercise of a right or office.
Mitigating vs. Aggravating Mitigating reduces liability; aggravating increases liability.
Exempting vs. Justifying Exempting removes liability due to incapacity; justifying removes liability because the act is lawful.
Role of Intent in Liability Greater intent increases liability; diminished intent reduces it.
Criminal Liability Legal responsibility for committing an unlawful act.
Created by: francisslavin003
 

 



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