art 11 to Flashcards
imputability
is the quality by which an act may be ascribed to a person as its author or owner. It implies that the act committed has been freely and consciously done and may, therefore, be put down to the doer as his very own.
responsibility
the obligation of suffering the consequences of crime. it is the obligation of taking the penal and civil consequences of the crime.
guilt
element of responsibility, for a moan cannot be made to answer for the consequences of the crime unless he is guilty.
justifying circumstance
are those where the act of a person is said to be in accordance with the law, so that such person is deemed not to have transgressed the law and is free from both criminal and civil liability.
- do not incur criminal liability
burden of proof for justifying circumstance
the accused admits the commission of acts however he asserts that he is justified in committing the acts.
- conviction follows if the evidence for the accused failed to prove the existence of justifying circumstance.
requisite of self-defense
- unlawful aggression
- reasonable necessity of the means employed to prevent of repel it
- lack of sufficient provocation on the part of the person defending himself.