Criminal law 1- Note

Justifying Circumstance:
The following do not incur criminal liability;
1. Anyone acts in defense of his person or rights provided that the following
circumstances concur;
First- Unlawful aggression
Second- Reasonable necessity of the means used in order to prevent or
repel the unlawful aggression.
Third- Lack of provocation on the part of the person defending himself
2. Anyone who acts in defense of his spouse, or his ascendants and descendants,
or his legitimate, natural or adopted brothers and sisters or his relatives by
affinity of 1st degree or by consanguinity by 4th civil degree, provided that the
following circumstances concur
a. First- unlawful aggression
b. Second- Reasonable necessity of the means used in order to prevent or
repel the unlawful aggression
c. In case there is provocation, the person defending have no part in it
3. Anyone who acts in defense of the person or stranger provided that the
following circumstances concur;
a. First- Unlawful aggression
b. Second- Reasonable necessity of the means used in order to prevent or
repel the unlawful aggression
c. Third- The person defending should not be induced in revenge,
resentment or other evil motives
4. Anyone who, in order to prevent evil or injury, does an act which causes
damage to another, provided that the following requisites are present;
a. That the evil sought actually exist
b. That the feared injury is greater than that done in order to prevent it
c. That there is no other practical or less harmful means of preventing it.
5. Anyone who acts in the fulfillment of his duty or the lawful exercise of his
rights or office
6. Any one who acts in obedience to an order issued by a superior officer for
some lawful prupose.
Article 12- The following are exempt from criminal liability
1.
2.
3.
4.

An imbecile or insane person unless has acted during his lucid interval
A person 15 years of age and below
A person above 15 years old and below 18 years of old
Any person who, in performing lawful acts with due care, causes damage by
mere accident without fault or intention of causing it.
5. Any person who acts under the compulsion of irresistible force

6. Any person who acts under the impulse of an uncontrollable fear of an equal
or greater injuries.
7. Any person who fails to perform an act required by law, when prevented by
lawful and insuperable cause.
The following do not incur criminal liability
1. Anyone who acts in defense of his person or right provided that the following
circumstances concur;
a. First- Unlawful aggression
b. Second- Reasonable necessity of the means employed in order to
prevent or repel the unlawful aggression
c. Lack of sufficient provocation on the part of the person defending
himself.
2. Anyone who acts in defense of the person or rights of his spouse, his
ascendants and descendant, or legitimate, natural or adopted brothers and
sisters, his relatives by affinity of same degree or by consanguinity of 4th civil
degree provided that the following circumstances concur:
a. First- Unlawful aggression
b. Second- Reasonable necessity of the means used in order to prevent or
repel the aggression
c. Third- in case of provocation was given by the person attacked, the
person defending have no part in it.
3. Anyone who acts in defense of the person or rights of the strangers provided
that the following circumstances concur;
a. First- Unlawful aggression
b. Second- Reasonable necessity of the means used in order to prevent or
repel the unlawful aggression
c. Third- That the person defending be not induced revenge, resentment
and other evil motives
4. Any person who, in order to avoid evil or injury, does an act causing damage
to another provided that the following requisites are present;
a. That the evil sought to be avoided actually exist
b. That the feared injury be greater than that done to avoid it
c. That there is no other practical or other less harmful means in
preventing it.
5. Any person who acts in the fulfillment of a duty or lawful exercise of a right
or office
6. Any person who acts in obedience to an order issued by superior officer for
some lawful purpose.
The following are exempt from criminal liability:
1. An imbecile or an insane person unless has acted during his lucid interval
2. A person who is 15 years of age and under
3. A person who is above 15 years of age and below 18 years of age unless acting
with discernment.

4. Any person who, while performing his lawful act with due care causes injury
by mere accident without fault or intention of causing it
5. Any person who acts under the compulsion of irresistible force.
6. Any person who acts under the impulse of uncontrollable fear of an equal or
greater injury.
7. Any person who fails to act as the law required, when prevented by lawful and
insuperable cause.

Primary circumstance affecting criminal liability

Justifying circumstance The following do not incur criminal liability
1. anyone who acts in defense of his person or rights provided that the following
circumstance concur:
a. Unlawful aggression
b. Reasonable necessity of the means employed to prevent or repel it
c. Lack of sufficient provocation on the part of the person defending
himself
2. Any person who, in order to avoid the evil or injury, does an act which causes
damage to another provided that the following requisites are present
a. That the evil sought to be avoided actually exist
b. That the injury feared is greater than that done to prevent it
c. That there are no other practical or less harmful mens in preventing it
3. Any person who acts in the performance of his duty or lawful exercise of
rights or office
4. Any person who acts