Questions and Answers
An insane person is exempt from criminal liability unless they have acted during a lucid interval.
True
A person between the ages of 10 and 15 years can never be held criminally responsible.
False
A person can claim exemption from criminal liability if they act under the compulsion of an irresistible force.
True
Individuals under fifteen years of age are granted civil liability in all circumstances.
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Exempting circumstances occur when the agent of a crime lacks the conditions that make the act voluntary or negligent.
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A child over 15 years of age can be exempt from criminal liability if they acted without discernment.
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An insane person is always exempt from criminal liability, regardless of whether they acted during a lucid interval.
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If an act is done under an uncontrollable fear, it is considered a crime, but the actor holds no criminal liability.
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A lawful act performed with due care that results in accidental injury can lead to criminal liability.
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Insanity and imbecility both exempt a person from all forms of criminal liability.
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Study Notes
Exempting Circumstances from Criminal Liability
- Exemptions include individuals who are imbeciles or insane, with exceptions for lucid intervals.
- Insane individuals committing felonies will be confined to appropriate hospitals or asylums, with court permission needed for release.
Age-Based Exemptions
- Children under fifteen years of age are exempt from criminal liability.
- Minors aged over nine and under fifteen may be held liable if they acted with discernment, per Article 80.
- Criminally irresponsible minors may be committed to family care for education or institutional care.
Accidental Actions and Compulsions
- A person causing injury while acting lawfully and with due care is exempt if the injury occurred accidentally.
- Actions taken under irresistible force or uncontrollable fear of greater harm can also exempt an individual from liability.
- Failure to perform a legally required act due to lawful or insuperable causes results in an exemption.
Non-Imputability
- Exempting circumstances reflect an absence of voluntariness or negligent behavior, thus absolving individuals of punishment.
- There is no criminal liability but civil liability may still exist in certain cases under Article 12.
Classification of Exemptions
- Exemptions are categorized as insanity/imbecility (lack of intelligence), minority (lack of discernment), accidental injury (lack of intent), irresistible force (lack of freedom), and uncontrollable fear (lack of freedom).
Comparison of Justifying vs. Exempting Circumstances
- Justifying circumstances affect the act itself, rendering it lawful, while exempting circumstances affect the actor, negating liability.
- In justifying circumstances, no crime is considered committed; in exempting circumstances, a crime is acknowledged but liability is absent due to non-voluntary actions.
Liability Implications
- Generally, justifying circumstances bear no criminal or civil liability; however, in exempting cases, civil liability may still apply, unless specified exceptions occur under Article 12, paragraphs 4 and 7 which exempt from both liabilities.
Definitions of Imbecility and Insanity
- An imbecile has a mental development akin to children aged 2 to 7, while insanity refers to complete intelligence deprivation during the act.
- Imbeciles are always exempt from criminal liability, while insane individuals can only be exempt when not during lucid intervals.
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Description
Test your knowledge on the various exemptions from criminal liability, including those based on mental state, age, and circumstances. This quiz covers critical legal principles defining who may be exempt from criminal prosecution. Challenge yourself on the nuances of law regarding individuals deemed incapable of criminal responsibility.
