Quick Answer: What Are The Five Circumstances Affecting Criminal Liability?

What is defense of stranger?

Defense of a stranger is one of the justifying circumstances under the law.

Thus, a person who acts in defense of a stranger incurs no criminal liability.

It is likewise important that you are not induced by revenge, resentment or other evil motive in making the defense..

Is Threat an unlawful aggression?

By definition, unlawful aggression is an actual physical assault, or at least a threat to inflict real and imminent injury upon a person. … It presupposes actual, sudden, unexpected or imminent danger – not merely threatening and intimidating action.

What are the six types of exempting circumstances?

Subsequently, he analyzes the exempting circumstances under the law, namely, insanity and imbecility, minority, accident, compulsion of an irresistible force, impulse of uncontrollable fear of an equal or greater injury, lawful or insuperable cause, absolutory causes, and instigation and entrapment.

What is a qualifying circumstance?

Qualifying Circumstance means the circumstance wherein Participant is no longer an employee of the Company or any subsidiary thereof for any reason whatsoever except for a Cause Termination, including, without limitation, any removal from such employment without Cause, any resignation by Participant or Participant’s …

Who are exempt from criminal liability?

According to Article 108 of the Penal Code, another circumstance under which someone can be exempted from criminal liability is if they commit an act of self-defense “in the presence of an actual or imminent danger which poses a threat to him/her or to another person.” Again, the exception here is when there is …

What is a good mitigating circumstance?

Some examples of mitigating circumstances are: Serious ill health or injury, including physical or mental ill health. The death or serious illness of a family member or close friend. Serious housing, family or financial problems leading to significant stress. Absence for responsibilities like jury service.

What is the effect of mitigating circumstances?

MITIGATING CIRCUMSTANCES are those which, if present in the commission of the crime, do not entirely free the actor from criminal liability, but serve only to reduce the penalty. > One single fact cannot be made the basis of more than one mitigating circumstance.

What are the circumstances affecting the 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.

What is an example of a mitigating circumstance?

Mitigating circumstances are factors in the commission of a crime that lessen or reduce its moral and legal consequences. … 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 the exempting circumstances to a crime?

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.

What is the difference between mitigating and extenuating circumstances?

Mitigating is you have reasons and excuses for doing something bad. extenuating is reasons why what you did is not so bad.

What is passion or obfuscation?

It has been held that “[T]here is passional obfuscation when the crime was committed due to an uncontrollable burst of passion provoked by prior unjust or improper acts, or due to a legitimate stimulus so powerful as to overcome reason.” “The obfuscation must originate from lawful feelings.