Exempting Circumstances

Question 1

Article 12 Par 1

Answer 1

An imbecile or an insane person, unless the latter has acted during a lucid interval.

When the imbecile or an insane person has committed an act which the law defines as a felony (delito), the court shall order his confinement in one of the hospitals or asylums established for persons thus afflicted, which he shall not be permitted to leave without first obtaining the permission of the same court.

Shortened Aid:
Imbecility and Insanity

Question 2

Basis of Paragraph 1

Answer 2

complete absence of intelligence, an element of involuntariness.

Question 3

Article 12 Par 2

Answer 3

A person under nine years of age.

Question 4

Basis of Paragraph 2

Answer 4

complete absence of intelligence

Question 5

Article 12 Par 3

Answer 5

A person over nine years of age and under fifteen, unless he has acted with discernment, in which case, such minor shall be proceeded against in accordance with the provisions of Art. 80 of this Code.

Shortened Aid:
9-15 without discernment

Question 6

Basis of Paragraph 3

Answer 6

complete absence of intelligence

Question 7

Article 12 Paragraph 4

Answer 7

Any person who, while performing a lawful act with due care, causes an injury by mere accident without fault or intention of causing it.

Shortened Aid:
Lawful act without intention of injury

Question 8

Basis of Paragraph 4

Answer 8

Based on lack of negligence and intent