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Circumstances Affecting Criminal Liability: (Robles, 2001)(J.E.M.A.A)

1. Justifying Circumstances- in accordance with the law
  • unlawful aggression
  • reasonable necessity of the means employed by the offender
  • lack of sufficient provocation
Obedience to an order from superior
  • the order must be lawful
  • superior acting within the scope of his authority
Fullfillment of Duty

2. Exempting Circumstances- exempted from criminal liability
  • Insane/Imbecile, except during lucid intervals
  • Failure to perform an act required by law due to the interference of a lawful act
  • Under 9 years old
  • Under compulsion of an irresistible force
  • Under impulse of controllable fear
  • Accidental killing of injury while performing lawful act with due care
3. Mitigating CIrcumstances- reduces the degree of the crime
  • Sufficient provocation or threat preceding the act
  • Under 18 years old or over 70 years old
  • No intention
  • Deaf and dumb or with physical threat
  • Immediate vindication
  • Voluntary surrender

4. Aggravating Circumstances- increase liability (done in consideration of or with/during:)
  • Premeditation
  • Reward, price or promise
  • Calamities
  • Treachery/ taking advantage of superior strength
  • Involves great ruin/ waste
  • Cruelty
5. Alternative Circumstances- may increase or decrease criminal liability depending on the nature and effects of the crime.
  • Relationship
  • Intoxication
  • Degree of instruction/ education
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