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Showing posts with the label justifying

Circumstances Affecting Criminal Liability

Justifying Circumstances      Those where the act of a person is said to be in accordance with the law, so that such person is deemed no to have transgressed the law and is free from both criminal and civil liability.      It is an affirmative defense, hence, the burden of proof is on the accused who must prove it by clear and convincing evidence.          Requisites: 1. Unlawful aggression; 2. Reasonable necessity of the means employed to prevent or repel it; 3. Law of sufficient provocation on the part of the person defending himself.      Acts which constitute as Justifying Circumstances: 1. Self defense; 2. Defense of relatives; (4th civil degree) 3. Defense of a stranger; (not induced by revenge) 4. Avoidance of greater evil or injury; 5. Fulfillment of duty or lawful exercise of right of office; 6. Obedience to an order issued for some lawful purpose.      Reason for recognizin...