ADJUS-121 Lecture Notes - Lecture 22: Improper Conduct
2 Sep 2020
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General rule: there is civil liability: state of necessity (par 4) avoidance of greater evil or injury; if any of the last 2 requisites is absent, there"s only an ordinary mitigating circumstance. Example: while driving his car, juan sees pedro carelessly crossing the street. Juan swerves to avoid him, thus hitting a motorbike with 2 passengers, killing them instantly. Not all requisites to justify act were present because harm done to avoid injury is greater. Considered as mitigating: performance of duty (par 5) Juan may have acted in the performance of his duty but the crime was not a necessary consequence thereof. Exempting circumstance: minority over 9 and under 15 if minor acted with discernment, considered mitigating. Example: 13 year old stole goods at nighttime. Example: police officer tries to stop a fight between juan and pedro by firing his gun in the air.
