CIRCUMSTANCES (Part 2) Article 13. MITIGATING * Those circumstances which reduce the penalty of a crime. * Its effect, reduces the penalty of the crime but does not erase criminal liability nor change the nature of the crime Kinds: Privileged Ordinary Offset by any aggravating Cannot be offset Can be offset by a generic aggravating Effect on penalty Has the effect of imposing the penalty by 1 or 2 degrees lower than that provided by law If not offset, has the effect of imposing the penalty in the minimum period Kinds Minority, Incomplete self-defense, two or more mitigating without any aggravating (has the effect of lowering the penalty by one degree) Art. 64, 68, 69 Those circumstances enumerated in the par. 1 – 10 of Art. 13 I. Incomplete Justifying or Exempting Circumstances A. Justifying 1. Self-defense/relatives/stranger **Unlawful aggression must be pres...
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CIRCUMSTANCES (part 1) DISTINCTION bet. JUSTIFYING-EXEMPTING J: affects the act, not the actor E: affects the actor, not the act J: act is within the bounds of the law, hence, it is legitimate and lawful in the eyes of the law E: act is actually wrongful BUT the actor acted without voluntariness. He is a mere tool/instrument. J: No crime – No criminal ...