Part 4 c Justifying Circumstances

38問 • 1年前

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Circumstances affecting Criminal liability. Are those where, the acts of the person are said to be in accordance with the law, therefore he is deemed not to have transgress the law. There is no criminal and civil liability except in par. 4.

Justifying Circumstances

UNLAWFUL AGGRESSION, REASONABLE NECESSITY OF THE MEANS EMPLOYED TO PREVENT OF PEPEL IT, LACK OF SUFFICIENT PROVOCATION ON THE PART OF PERSON DEFENDING HIMSELF ?

Self defense

Pedro a Robber suddenly attack Juan with a knife. Juan immediately draw his pistol and shot Juan causing his death. Can Juan invoke self defense?

yes

Pedro a bystander suddenly slap Juan in the face. Juan immediately draw his pistol and shot Juan to death. Can Juan invoke self defense?

Juan Slap Pedro in the face several times. Because of anger Pedro draw his knife and stabbed Juan, but Juan evaded the attack and draw his pistol and shot Pedro causing his death? Can Juan invoke self defense?

SLIGHT PHYSICAL ABUSE OR VERBAL OR ANOTHER FORM OF HOSTILE BEHAVIOUR ?

tension building phase

CHARACTERISTICS BY BRUTALITY DESTRUCTIVENESS AND DEATH ?

acute battering incident

NOT INTENTIONALLY, CYCLE OF VIOLENCE AND ATTAINED SECOND CYCLE ?

battered woman syndrome

UNLAWFUL AGGRESSION, REASONABLE NECESSITY OF THE MEANS EMPLOYED TO PREVENT OR REPEL IT, IN CASE THE PROVOCATION WAS GIVEN BY THE PERSON ATTACKED THE ONE MAKING THE DEFENDE HAD NO PART THEREIN. ?

defense of relatives

Pedi ba ipagtanggol ang adopted brother sa defense of relatives ?

Pedi mo bang ipagtanggol ang nanay ng asawa mo sa defense of relatives maiinvoke moba ang defense of relatives?

Sa defense of relatives pedi mo bang ipagtanggol ang second cousin mo ?

hindi

Sa defense of relatives Pedi kabang mag depensa kung kasama ka sa provocation ma i-invoke moba ang defense of relatives?

hindi

Sa defense of relatives KUNG ANG RELATIVES MO ANG NAG PROVOKE AT HINDI ΚΑ ΚΑSΑΜΑ SA PROVOCATION MAYROON BANG Defende at ma iinvoke mo ba ang defense of relatices ?

yes

Sonny while walking, suddenly stabbed by Pedro incessantly. The Father of Sonny who saw the incident immediately drew his gun and shot Pedro causing his death. Can the Father of Sonny invoke Defense of relatives?

yes

Pedro while walking peacefully suddenly punched in the face by Sonny. Because of anger Pedro draw his knife and incessantly stabbed Sonny. The father of Sonny who saw the incident immediately drew his pistol and shot Pedro causing his death. Can the Father of Sonny invoke Defense of relatives?

Yes

While walking peacefully, Father and Sonny punched Pedro in the face. Because of anger Pedro drew his knife went to Sonny and incessantly stabbed him. The Father immediately drew his gun and shot Pedro causing his death. Can the Father of Sonny invoke Defense of relatives?

THE PERSON DEFENDING DO NOT INDUCED BY REVENGE DESENTMENT OR OTHER PUIL MOTIVE?

defense of stranger

Sa defense of stranger kung ang reason mo ng pag depensa ay bunga ng revenge pedi mo ba ma invoke ?

hindi

Sa defense of stranger wala kang evil motive pedi mo ba ma invoke ang defense of stranger ?

Pedro saw his girlfriend who was being attacked with a knife by Juan. Pedro drew his gun and shot Juan causing death. Can Pedro invoke Defense of strangers?

Yes

Maria was being attacked by Pedro with a knife. Juan who saw the incident thought that it was his opportunity to make revenge on Juan because of stealing his girlfriend. Juan drew his gun and shot Pedro causing his death. Can Juan invoke Defense of strangers?

Any person who, in order to avoid an evil or injury, does act which causes damage to another

avoidance of greater evil

Sa avoidance of greater evil mayroon bang pagpipiliin ?

mayroon

Sino ang mag babayad sa avoidance of greater evil ?

Yung nakinabang

A truck lost its break and led its way to Pedro. Pedro stuck between two choices. If he stays in his lane the truck will hit him and if he will swerve to the other side he will hit the bystander. He chose to swerve on the right hitting the bystander causing his death. Can Pedro invoke Avoidance of greater evil ?

Yes

A fireman destroys one house in order to prevent other houses from burning. Can the fireman invoke Avoidance of greater evil?

Yes

Avoidance of greater evil That the evil sought to be avoided actually exists; 2. That the injury feared be _____ than that done to avoid it; 3. That there be no other practical and less harmful means of preventing it.

greater

Any person who, in order to avoid an evil or injury, does act which causes damage to another

avoidance of greater evil

FULFILLMENT OF DUTY OR LAWFUL EXERCISE OF RIGHTS OF OFFICE Kapag off duty ba sa lawfull exercise pedi ba ma invoke ?

Sa fulfillment of duty kapag hindi sumusunod sa process ang nasa office at naka commit ng crime pedi dahil sa hindi pagsunod pedi ba ma-invoke ang fulfillment of duty ?

hindi

In a hostage taking situation the hostage taker was about to kill his captive. The SWAT officer with accuracy shot the hostage taker to head causing his instantaneous death. Can the SWAT officer invoke Paragraph 5 for the death of the hostage taker ?

Yes

Pedro punches the Robber who tries to grab his bag. The robber sued Pedro for Physical Injury. Can Pedro invoke paragraph 5?

Yes

KUNG ANG SUBORDINATES AY HINDI NA SUNOD NG LAWFUL CAN INVOKE OBEDIENCE TO AN ORDER ISSUED FOR SOME LAWFUL PURPOSE ?

Any person who acts in obedience to an order issued by a superior for some lawful purpose.

obidence to an order

Kung ang utos ay hindi lawful pedi ba ma invoke ang obedience ?

Hindi

Kung hindi nasunod base sa sinabi ng superior pedi ba ma invoke ang obedience ?

Hindi

Kung ang utos ng superior ay hindi lawfull at sinunod mo pedi ba mainvoke ang obidence ?

Hindi

Lea set A

Christian Jay Santos · 53問 · 3年前

Lea set A