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Concept Elements
Deceit/Dolo Criminal Intent
Freedom of
action Voluntariness
Intelligence
Obedience to an order issued by a superior for An order has been issued by a superior
some lawful purpose Such order must be for some lawful
purpose
Means used by the subordinate to
carry out said order is lawful
Exempting
Accident Person is performing a lawful act….
… with due care
He causes injury to another by mere
accident
Without fault/intention of causing it
Irresistible Force That the compulsion is by means of a
physical force
Physical force must be irresistible
Physical force must come from a third
person
Uncontrollable Fear Existence of an uncontrollable fear
Fear must be real and imminent
Fear of an injury is greater than/at
least equal to that committed
Lawful and insuperable cause That an act was required by law to be
done
That a person fails to perform such act
That his failure to perform such act
was due to some lawful/insuperable
cause
Mitigating
Incomplete JC/EC (OMC/PMC) If majority of the elements present:
PMC
If less than majority is present: OMC
(can be offset by generic AC)
If only 2 elements necessary to justify
act or exempt from criminal liability
OR presence of 1 already PMC
Praeter Intentionem Offender committed a felony
Notable disparity between the means
employed by offender and the
resulting felony
Sufficient Provocation Provocation must be sufficient
o Adequate enough to stir a
person to commit wrongful act
o Must be proportionate to the
gravity of the crime
Provocation must come from the
offended party
CRIMINAL LAW 1