What is a justifying circumstances?

The justifying circumstances are self-defense, defense of relatives, defense of stranger, state of necessity, fulfillment of duty or exercise of a right and obedience to superior order.

What are the examples of justifying circumstances?

The justifying circumstances by subject are as follows:

• Self-defense. Anyone who acts in defense of his person or rights. (
• Defense of Relative.
• Defense of Stranger.
• State of Necessity.
• Fulfillment of duty.
• Obedience to superior order.

What is the elements of justifying circumstances?

The indispensable requisite for either of these justifying circumstances is that the victim must have mounted an unlawful aggression against the accused or the stranger. Without such unlawful aggression, the accused is not entitled to the justifying circumstance.

What is the first justifying circumstance?

1) Anyone who acts in defense of his person or rights, provided the following circumstances concur: First. Since you are invoking the justifying circumstance of self-defense, it is essential that you must first establish the presence of an unlawful aggression on the part of the victim.

What is the effect of justifying circumstances?

Justifying Circumstances- These are the defenses in which the accused is deemed to have acted in accordance with the law and therefore the act is lawful. Since the act is lawful, it follows that there is no criminal, no criminal liability and no civil liability, save in paragraph 4.

How do justifying circumstances differ from exempting circumstances?

Justifying circumstance affects the act, not the actor; while exempting circumstance affects the actor, not the act. In justifying circumstance, no criminal and, generally, no civil liability is incurred; while in exempting circumstance, civil liability is generally incurred although there is no criminal liability.

What is the difference between justifying circumstances and exempting circumstances?

What is the difference between justifying and exempting circumstances?

What are the elements of justifying circumstances of self-defense?

In order to invoke self-defense, certain conditions must be met such as unlawful aggression, reasonable necessity of the means employed to prevent or repel it, and lack of sufficient provocation on the part of the person defending himself.

What do you mean by incomplete justifying and exempting circumstances as mitigating circumstances?

INCOMPLETE JUSTIFYING OR EXEMPTING CIRUMSTANCES. > Applies, when all the requisites necessary to justify the act or to exempt from criminal liability are NOT attendant. > It is considered a privileged mitigating circumstance, provided, majority of the elements required to justify or exempt are present.

What is the difference between mitigating and justifying circumstances?

Mitigating circumstances are conditions and factors that do not excuse or justify an offense, but that are taken into consideration when considering the consequences of the legal and moral culpability of the guilty party.

What is the effect of justifying circumstance?