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Monday, February 3, 2014

Circumstances

DISTINCTION bet. JUSTIFYING-EXEMPTING J: affects the comprise, non the actor E: affects the actor, not the act J: act is within the bounds of the law, hence, it is legitimate and rule-governed in the eyes of the law E: act is sure wrongful BUT the actor acted without voluntariness. He is a square tool/instrument. J: No crime No abject E: there is crime No criminal J: No criminal or civil financial obligation E: No criminal liability only civil liability (Art.12 (4) (7) neither criminal or civil) J: Intentional Felonies but E: Can be Intentional or blameable Felonies J: If the principal invoke this circumstance the accomplice and subsidiary allow be benefited E: the person who invoke volition be benefited --------------------------------------------------- ARTICLE 11. JUSTIFYING I. Self- defence mechanism (Personal) Rights: A. Defense of Person B. Defense of rights saved by law (property) C. Defense of Chastity ELEMENTS: A. illicit Aggression mustinessi! ness not be a lawful 1; must exist at the time the defense is made. B. valid requirement of the means employed to prevent or revolt it Requisites: 1) government agency were used to prevent or labor 2) Means must be necessary and there is no other manner to prevent it...If you want to get a full essay, rank it on our website: OrderCustomPaper.com

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