[CRIM 1] Module 7: Mitigating Circumstances

Mitigating Circumstances

• those which, if present in the commission of the crime, do not entirely free the actor from criminal liability, but serve only to reduce the penalty.

Based on the diminution of either freedom of action, intelligence, or intent, or on the lesser perversity of the offender

What is the basis of Mitigating Circumstances?

Ordinary mitigating circumstances, Privileged mitigating circumstances

What are the 2 classes of Mitigating Circumstances?

Article 69 - Incomplete Justifying or Exempting Circumstance

• A penalty lower by one or two degrees than that prescribed by law shall be imposed if the deed is not wholly excusable because some (but not all) of the conditions required to justify the act (Art. 11) or to exempt from criminal liability (Art. 12) are missing, provided that the majority of such conditions are present.

Article 69 - Incomplete Justifying or Exempting Circumstance

• Applies to: incomplete self-defense, incomplete defense of relatives/strangers, incomplete state of necessity, incomplete fulfillment of duty, etc. 

Unlawful aggression

• ___________ is almost always required as the indispensable element (especially in self-defense). If the majority of the other requirements are present, Art. 69 kicks in.

Article 64 - Rules for Applying Penalties That Have Three Periods

• This article is the general set of rules courts use when the penalty prescribed by law is divisible into minimum, medium, and maximum periods.

• When there are two or more mitigating circumstances and no aggravating circumstances, the court shall impose the penalty next lower to that prescribed by law, in the period it deems applicable according to the number and nature of such circumstances.

1. Voluntary release of a person illegally detained within three days without the offender attaining his purpose and before the institution of criminal action

2. Abandonment without justification of the spouse who committed adultery

What are the 2 (special) privileged mitigating circumstances applicable only to particular crimes?

The penalty is one degree lower

What is the legal effect of privileged mitigating circumstances applicable only to particular crimes? (Art. 268, par.3 & Article 333, par. 3)

Mitigating circumstances only reduces the penalty. It does not change the nature of the crime.

Do mitigating circumstances only reduce the penalty, or can it change the nature of the crime?

1. All requisites necessary to justify the act or to exempt from criminal liability are not attendant

2. Offender is under 18 years or over 70 years old

3. Offender had no intention to commit so grave a wrong as that committed

4. Sufficient provocation or threat on the part of the offended party immediately preceded the act

5. Act was committed in the immediate vindication of a grave offense to the one committing the felony (delito), his spouse, ascendants, descendants, legitimate, natural or adopted brothers or sisters, or relatives by affinity within the same degrees

6. Passion or obfuscation

7. Offender had voluntarily surrendered or confessed his guilt before the court

8. Offender is deaf and dumb, blind, or otherwise suffering some physical defect which restricts his means of action, defense, or communication

9. Such illness of the offender would diminish the exercise of the willpower of the offender without depriving him of consciousness of his acts

10. Circumstances of a similar nature or analogous to the above-mentioned

What are the circumstances that mitigate criminal liability?

1. Self-defense

2. Defense of relatives

3. Defense of stranger

4. State of necessity

5. Performance of duty

6. Obedience to order of superior

7. Minority above 15 but below 18 years of age

8. Causing injury by mere accident; and

9. Uncontrollable fear

What are the 9 circumstances of justification or exemption which may give place to mitigation?

Ordinary Mitigating Circumstance

Par. 1 of Art. 13 is applicable only when unlawful aggression is present but the other two requisites are not present in any of the cases referred to in circumstances No. 1, 2, and 3 of Article 11 (Defense of Self, Relatives, or Strangers).

What kind of mitigating circumstance are they entitled to if there is UNLAWFUL AGGRESSION only?

Privileged Mitigating Circumstance

Par. 1 of Art. 13 is applicable only when unlawful aggression is present but the other two requisites are not present in any of the cases referred to in circumstances No. 1, 2, and 3 of Article 11 (Defense of Self, Relatives, or Strangers).

What kind of mitigating circumstance are they entitled to if there is Unlawful Aggression + Any of the other two requisites (Reasonable means/Lack of sufficient provocation)?

Incomplete justifying circumstance of avoidance of greater evil or injury

If any of the last two requisites in Avoidance of greater evil or injury is absent, there is only ____________.

Alevosia

________ is a legal term in Spanish and Philippine criminal law that translates to treachery or malice aforethought.

majority of the requisites; privileged mitigating circumstance

1 out of 2 requisites in a justifying circumstance (Ex. Justifying circumstance of performance of duty) is considered ___________. Thus, it is entitled to ____________.