MODULE 9, 2 EXEMPTING CIRCUMSTANCES PART 1

Summary

The video script discusses exempting circumstances under Article 12 of the Revised Penal Code, which absolve offenders from criminal liability despite a crime being committed due to a lack of voluntariness. It outlines six exempting circumstances: imbecility or insanity, minority, accident, compulsion of irresistible force, impulse of uncontrollable fear, and insuperable or lawful cause. The script explains legal insanity, its effects, and the amended provisions for minors under the Juvenile Justice and Welfare Act of 2006. It also differentiates between criminal and civil liabilities, especially in cases of accidents where both are absent.

Takeaways

• 📚 Exempting circumstances are conditions that, if present during the commission of a crime, exempt the offender from criminal liability due to the absence of voluntariness.
• 👮‍♂️ Justifying circumstances are different from exempting circumstances as they consider there is no crime committed, whereas exempting circumstances recognize a crime but absolve criminal intent.
• 🧠 Imbecility or insanity is an exempting circumstance where the offender, due to a mental condition, lacks the capacity to understand the consequences of their actions.
• 🔄 Legal insanity is defined as the incapacity to distinguish right from wrong or to appreciate the consequences of one's actions, unless the act was committed during a lucid interval.
• 🛑 The juridical effects of insanity include exemption from criminal liability if present at the time of the crime, suspension of trial if insanity occurs during proceedings, and suspension of judgment execution if insanity arises post-judgment.
• 👶 The Revised Penal Code and the Juvenile Justice and Welfare Act of 2006 address the criminal liability of minors, with different treatments based on age and discernment.
• 🚫 Accident is an exempting circumstance where no criminal or civil liability is imposed if the offender was performing a lawful act with due care, and the injury was caused purely by accident without any fault or intention.
• 🏥 If a child under 15 commits a crime, they are automatically exempt from criminal liability and are subjected to intervention programs, reflecting a focus on rehabilitation over punishment.
• 🔍 The concept of discernment is crucial for minors aged 15 to 17; if they act without discernment, they are exempt from criminal liability, but if they act with discernment, they are subject to appropriate legal proceedings.
• ⚖️ In cases of accident, the absence of criminal and civil liability aligns with justifying circumstances, highlighting the importance of intent and fault in legal determinations.

Q & A

What are exempting circumstances under the Revised Penal Code?

Exempting circumstances are situations where a crime is committed but the offender is not criminally liable due to the absence of voluntariness in the commission of the crime.

How do exempting circumstances differ from justifying circumstances?

Exempting circumstances recognize the existence of a crime but consider the absence of criminal intent or voluntariness, thus no criminal liability. Justifying circumstances, on the other hand, consider that no crime was committed at all.

What are the six exempting circumstances listed under the Revised Penal Code?

The six exempting circumstances are: 1) Imbecility or insanity, 2) Minority, 3) Accident, 4) Compulsion of irresistible force, 5) Impulse of uncontrollable fear, and 6) Insuperable or lawful cause.

What is the legal definition of insanity in the context of exempting circumstances?

Legal insanity is defined as the mental aberration that incapacitates the offender from distinguishing right from wrong and appreciating the consequences of their actions.

What is a lucid interval in relation to insanity?

A lucid interval refers to periods when an insane person temporarily returns to their normal self, capable of understanding their actions and their consequences.

What are the juridical effects of insanity as an exempting circumstance?

The juridical effects of insanity include: 1) Exemption from criminal liability if the insanity was present at the time of the crime, 2) Suspension of trial proceedings and commitment to a hospital if insanity occurs during trial, and 3) Suspension of judgment execution and commitment to a mental hospital if insanity arises after judgment or while serving a sentence.

How has the concept of minority as an exempting circumstance been amended under the Revised Penal Code?

The concept of minority as an exempting circumstance has been amended by Republic Act No. 9344, also known as the Juvenile Justice and Welfare Act of 2006, which treats minors who commit crimes as 'children in conflict with the law' and subjects them to intervention programs instead of criminal liability.

What is the treatment for a child in conflict with the law who is 15 years old or below according to RA 9344?

A child in conflict with the law who is 15 years old or below is automatically exempt from criminal liability and is subjected to an intervention program.

What happens if a child in conflict with the law is above 15 but below 18 and acted without discernment?

If a child in conflict with the law is above 15 but below 18 and acted without discernment, they are exempt from criminal liability and are subjected to an intervention program.

What are the requirements to consider an act as an accident under the Revised Penal Code?

An act is considered an accident if: 1) The person is performing a lawful act, 2) They are doing so with due care, 3) The injury to another is purely accidental, and 4) There is no fault or intention on the part of the person to cause what was done.

Why is the exempting circumstance of accident unique compared to other exempting circumstances?

The exempting circumstance of accident is unique because it results in both no criminal liability and no civil liability, which is more akin to a justifying circumstance where neither criminal nor civil liability exists.