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Mitigating Circumstances
Mitigating Circumstances
karmelamirriamebreo
PASSION OR OBFUSCATION: non-existing after 24 hrs. even 30 mins.
Requisites:
1.accused acted upon impulse or lawful sentiments
6. That of having acted upon an impulse so powerful 2.impulse is so powerful
as naturally to have produced passion or obfuscation.
Loss of reason and self-control diminish will power
Acts must be:
1.unlawful and sufficient to produce condition of mind
2. proximate to the criminal act,
not admitting of time during which the
perpetrator might recover his normal equanimity
**may arise from honest belief
**obfuscation when relationship is illegitimate is NOT mitigating
**arising from ONE cause =ONE mitigating circumstance only EXCEPT
when other facts are CLOSELY connected
VOLUNTARY SURRENDER
1. offender not actually arrested
2. offender surrendered to person in authority
7. That the offender had voluntarily surrendered 3. surrender was voluntary
himself to a person in authority or his agents, or that he VOLUNTARY PLEA OF GUILT (an act of repentance and respect for law)
had voluntarily confessed his guilt before the court 1. spontaneously confessed his guilt – no external stimulus
prior to the presentation of the evidence for the 2. confession was made in open court
prosecution;
3. confession prior to presentation of the evidence for the prosecution
WHEN SURRENDER VOLUNTARY
- spontaneous, showing intent of the accused to submit himself
unconditionally to the authorities, either because:
acknowledges his guilt; or
wishes to save them the trouble and expense necessarily incurred in
his search and capture.
**surrender to a person of authority or his agent or through
intermediary
**If accused pleaded not guilty, even if during arraignment, he is entitled
to mitigating circumstance as long as he withdraws his plea of not guilty
to the charge before the fiscal could present his evidence.
**intention to surrender without actual is not mitigating
**plea of guilty to lesser offense not mitigating
8. That the offender is deaf and dumb, blind or Physical defect must restrict means of action, defense/ communication
otherwise suffering some physical defect which thus with others. Does not distinguish between educated/not educated.
restricts his means of action, defense, or
communications with his fellow beings. Illness
Requisites:
1. must diminish the exercise of his will-power
9. Such illness of the offender as would diminish the 2. should not deprive the offender of consciousness of his acts
exercise of the will-power of the offender without
however depriving him of the consciousness of his acts. **illness of mind not amounting to insanity, feeblemindedness, weak
character and misfortunes, acute neurosis
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