Circumstances) 2024/2025 Exam
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Why can paragraph 1 and 2 of Article 12 cannot give place for mitigation? -
🧠 ANSWER ✔✔Because the mental condition of a person is indivisible and
there is no middle ground between sanity and insanity?
Is there defense if unlawful aggression is absent? - 🧠 ANSWER ✔✔No
When two of the three requisites is mentioned (unlawful aggression being
the other one) what should this be considered? - 🧠 ANSWER ✔✔Privileged
Mitigating Circumstance
What should be considered if only unlawful aggression is present in a
defense? - 🧠 ANSWER ✔✔It is an Ordinary Mitigating Circumstance
If the justifying circumstance has only two requisite, is there a mitigating
circumstance? - 🧠 ANSWER ✔✔No
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, The offender is over 15 years old and below 18 years old and acted without
discernment... - 🧠 ANSWER ✔✔Exempt from criminal liability
The offender is over 15 years old and below 18 years old and acted with
discernment... - 🧠 ANSWER ✔✔Entitled to mitigating circumstance
In accident, if only "with due care" and "he causes an injury to another by
mere accident" are present, what is to be considered? - 🧠 ANSWER
✔✔MC, felony by negligence or imprudence
In accident, if only "with due care," "he causes an injury to another by mere
accident" and "with intention of causing it" are present, what is to be
considered? - 🧠 ANSWER ✔✔No MC, intentional felony
It refers to an alternative, child-appropriate process of determining the
responsibility and treatment of a child in conflict with the law on the basis of
his/her social, cultural, economic, and psychological, or educational
background without resulting to formal court proceedings. - 🧠 ANSWER
✔✔Diversion
It refers to the programs that the child in conflict with the law is required to
undergo after he/she is found responsible for an offense without resorting
to formal court proceedings. - 🧠 ANSWER ✔✔Diversion program
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