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Mitigating Circumstances
BS Criminology
Holy Cross of Davao College
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MITIGATING CIRCUMSTANCES
Mitigating Circumstances
● If present, these circumstances do not entirely free the actor from criminal liability but serve only to reduce the penalty.
● It has two types:
● PRIVILEGED MITIGATING
● ORDINARY MITIGATING
A. INCOMPLETE JUSTIFICATION OR EXEMPTION
● A majority, but not all, elements of justifying and exempting circumstances are present
Incomplete Self-Defense, Defense of Relatives and Strangers 0. Unlawful Aggression - should always be present to be appreciated as a mitigating circumstance.
a. Ordinary mitigating circumstance - if only unlawful aggression is present.
b. Privileged mitigating circumstance - if two of the three requisites are present
Art. 69. Penalty to be imposed when the crime committed is not wholly excusable.
● A penalty lower by one or two degrees than that prescribed by law shall be imposed if the deed is not wholly excusable by reason of the lack of some of the conditions required to justify the same or to exempt from criminal liability in the several cases mentioned in Article 11 and 12, provided that the majority of such conditions be present. The courts shall impose the penalty in the period which may be deemed proper, in view of the number and nature of the conditions of exemption present or lacking B. UNDER 18 OR OVER 70 YEARS OLD (CONDITIONAL MINORITY)
● Offender is above fifteen but below eighteen years of age.
● BASIS: Diminution of intelligence
What Age to Consider? 0. In determining whether the penalty should be lowered – the age of the offender at the time of the commission of the crime
a. In suspending the service of sentence – the age of the offender at the time the sentence is to be promulgated.
Effect of Minority of the Offender:
● When the offender is a minor under 18 years, the penalty next lower than that prescribed by law shall be imposed, but always in the proper period.
● Over 70 years old - Ordinary Mitigating Circumstance except when the penalty imposable is death, in such case, the penalty shall be reduced to reclusion perpetua.
Art. 68. Penalty to be imposed upon a person under eighteen years of age.
● When the offender is a minor under eighteen years and his case is one coming under the provisions of the paragraphs next to the last of Article 80 of this Code, the following rules shall be observed: 1. A person aged fifteen years of age or under at the time of the commission of the offense shall be exempt from criminal liability. 2. Upon a person over fifteen and under eighteen years of age, the penalty next lower than that prescribed by law shall be imposed, but always in the proper period.
C. NO INTENTION TO COMMIT SO GRAVE A WRONG (PRAETER INTENTIONEM)
● There is Notable and Evident Disproportion between the means employed to execute the criminal act and its consequences.
● BASIS: Diminution of intent
Applicability:
● Only applicable to offenses resulting in death, physical injuries, or material harm (including property damage)
When Not Applicable? 0. Crime results from criminal negligence or culpa
a. Where the acts were reasonably sufficient and did actually produce the death of the victim.
b. Cases involving defamation or slander.
D. SUFFICIENT PROVOCATION OR THREAT
- Provocation must be Sufficient
F. PASSION OR OBFUSCATION
- The accused acted upon an Impulse.
- The impulse must be so Powerful that it naturally produces passion or obfuscation in him.
- That there be an Act, both Unlawful and Sufficient to produce such condition of mind; and
- That said act which produced the obfuscation was not far removed from the commission of the crime by a considerable Length of time, during which the perpetrator might recover his normal equanimity.
BASIS: Diminution of intelligence and intent
● There is passion or obfuscation when there are causes naturally producing in a person the following:
- Powerful excitement
a. Loss of reason and self-control
b. Diminution the exercise of his will power.
G. VOLUNTARY SURRENDER OR PLEA OF GUILT
Voluntary Surrenders:
- Offender had Not been actually Arrested.
- Offender Surrendered himself to a person in authority or to the latter’s agent.
- Surrender was Voluntary.
Plea of Guilt: 1. Offender Spontaneously confessed his guilt. 2. Confession of guilt was made in Open court, that is, before the competent court that is to try the case; and 3. Confession of guilt was made Prior to the presentation of evidence for the prosecution. Lesser perversity of the offender
When Mitigating? 0. Change of plea if made at the first opportunity when his arraignment was first set.
a. Withdrawal of plea of not guilty before presentation of evidence by prosecution.
b. A plea of guilty on an amended information will be considered as an attenuating circumstance if no evidence was presented in connection with the charges made therein.
H. PHYSICAL DEFECT
- The offender is:
- Deaf and Dumb
a. Blind, or
b. Otherwise suffering from some physical defect which thus restricts his means of:
- Action I. Defense, or II. Communication with his fellow beings
- Deaf and Dumb
a. Blind, or
b. Otherwise suffering from some physical defect which thus restricts his means of:
- Physical defect must have a Relation to the commission of the crime
Basis: Diminution of voluntariness
I. Illness of the offender 1. Must Diminish the exercise of his Will-Power. 2. Should Not Deprive the offender of Consciousness of his acts.
Basis: Diminution of intelligence and intent
J. ANALOGOUS MITIGATING CIRCUMSTANCE
● Any other circumstance of similar nature and analogous to the nine mitigating circumstances enumerated in Art. 13 may be mitigating. EXAMPLES: 0. Stealing because of extreme poverty is considered as analogous to incomplete state of necessity. a. Over 60 years old with failing sight is considered as analogous to over 70 years of age mentioned in par. 2.
b. Voluntary restitution of stolen goods is considered as analogous to voluntary surrender.
Mitigating Circumstances
Course: BS Criminology
University: Holy Cross of Davao College
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