41423695 Criminal Law 1 Notes112334

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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 1 st degree or by consanguinity by 4 th 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

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Transcript of 41423695 Criminal Law 1 Notes112334

Criminal law 1- NoteJustifying Circumstance:The following do not incur criminal liability;1. Anyone acts in defense of his person or rights proided that the following circumstances concur;!irst- "nlawfulaggression#econd- $easonable necessity of the means used in order to preent or repel the unlawful aggression.Third- %ac& of proocation on the part of the person defending himself'. Anyone who acts in defense of his spouse( or his ascendants and descendants( or his legitimate( natural or adopted brothers and sisters or his relaties by affinity of 1st degree or by consanguinity by )th ciil degree( proided that the following circumstances concura. !irst- unlawful aggressionb. #econd- $easonable necessity of the means used in order to preent or repel the unlawful aggressionc. *n case there is proocation( the person defending hae no part in it+. Anyone who acts in defense of the person or stranger proided that the following circumstances concur;a. !irst- "nlawful aggressionb. #econd- $easonable necessity of the means used in order to preent or repel the unlawful aggressionc. Third- The person defending should not be induced in reenge( resentment or other eil moties). Anyone who( in order to preent eil or in,ury( does an act which causes damage to another( proided that the following re-uisites are present;a. That the eil sought actually e.istb. That the feared in,ury is greater than that done in order to preent itc. That there is no other practical or less harmful means of preenting it./. Anyone who acts in the fulfillment of his duty or the lawful e.ercise of his rights or office0. Any one who acts in obedience to an order issued by a superior officer for some lawful prupose.Article 1'- The following are e.empt from criminal liability1. An imbecile or insane person unless has acted during his lucid interal'. A person 1/ years of age and below+. A person aboe 1/ years old and below 11 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./. Any person who acts under the compulsion of irresistible force0. Any person who acts under the impulse of an uncontrollable fear of an e-ual or greater in,uries.2. Any person who fails to perform an act re-uired by law( when preented by lawful and insuperable cause.The following do not incur criminal liability1. Anyone who acts in defense of his person or right proided that the following circumstances concur;a. !irst- "nlawful aggressionb. #econd- $easonable necessity of the means employed in order to preent or repel the unlawful aggressionc. %ac& of sufficient proocation on the part of the person defending himself.'. 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 relaties by affinity of same degree or by consanguinity of )th ciil degree proided that the following circumstances concur:a. !irst- "nlawful aggressionb. #econd- $easonable necessity of the means used in order to preent or repel the aggressionc. Third- in case of proocation was gien by the person attac&ed( the person defending hae no part in it.+. Anyone who acts in defense of the person or rights of the strangers proided that the following circumstances concur;a. !irst- "nlawful aggressionb. #econd- $easonable necessity of the means used in order to preent or repel the unlawful aggressionc. Third- That the person defending be not induced reenge( resentment and other eil moties). Any person who( in order to aoid eil or in,ury( does an act causing damage to another proided that the following re-uisites are present;a. That the eil sought to be aoided actually e.istb. That the feared in,ury be greater than that done to aoid itc. That there is no other practical or other less harmful means in preenting it./. Any person who acts in the fulfillment of a duty orlawful e.ercise of a right or office0. Any person who acts in obedience to an order issued by superior officer for some lawful purpose.The following are e.empt from criminal liability:1. An imbecile or an insane person unless has acted during his lucid interal'. A person who is 1/ years of age and under+. A person who is aboe 1/ years of age and below 11 years of age unless actingwith discernment.). Any person who( while performing his lawful act with due care causes in,ury by mere accident without fault or intention of causing it/. Any person who acts under the compulsion of irresistible force.0. Any person who acts under the impulse of uncontrollable fear of an e-ual or greater in,ury.2. Any person who fails to act as the law re-uired( when preented by lawful andinsuperable cause.3rimary circumstance affecting criminal liabilityJustifying circumstance The following do not incur criminal liability1. anyone who acts in defense of his person or rights proided that the following circumstance concur:a. "nlawful aggressionb. $easonable necessity of the means employed to preent or repel itc. %ac& of sufficient proocation on the part of the person defending himself'. Any person who( in order to aoid the eil or in,ury( does an act which causes damage to another proided that the following re-uisites are presenta. That the eil sought to be aoided actually e.istb. That the in,ury feared is greater than that done to preent itc. That there are no other practical or less harmful mens in preenting it+. Any person who acts in the performance of his duty or lawful e.ercise of rights or office). Any person who acts