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PHL01_CO4_Set #3
🤔📗4️⃣4️⃣4️⃣4️⃣ PHL01_CO4 - Criminal Liability - SET 3
| Question | Answer |
|---|---|
| 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. |