Legal Defenses: Grounds for Exemption from Criminal Liability
Article 10: Grounds for Exemption from Criminal Liability
The following persons are exempt from criminal liability:
Mental Incapacity
The mentally incapacitated or insane person, unless they have acted during a lucid interval, and who, for whatever reason beyond their control, is totally deprived of reason.
Heading a second. REPEALED
Heading third. REPEALED
Minors
The youngest of eighteen (18) years. The responsibility of those under eighteen and over fourteen (14) years shall be governed by the provisions of the Juvenile Justice Liability Act.
REPEALED
Self-Defense
He who acts in defense of his person or rights, provided that the following circumstances concur:
- Unlawful violence.
- Reasonable necessity of the means employed to prevent or repel the aggression.
- Lack of sufficient provocation on the part of the defender.
Defense of Relatives
He who acts in defense of the person or rights of his spouse, legitimate blood relatives across the straight line and the collateral up to the fourth degree inclusive, his legitimate allies throughout the straight line and the collateral up to the second degree inclusive, or recognized natural or illegitimate parents or children, provided that all the first and second circumstances prescribed in the previous issue (4°), and that, in case of provocation on the part of the aggressor, the defender does not have involvement.
Defense of a Stranger
He who acts in defense of the person and rights of a stranger, provided that the circumstances expressed in the previous point (5°) are met, and the defender is not driven by revenge, resentment, or other illegitimate motive.
Presumption of Legitimate Defense
Legally, it shall be presumed that the circumstances provided in this number (6°) and the numbers 4° and 5° above attend, irrespective of the damage caused to the aggressor, for one who repels scaling under the terms stated in item 1 of Article 440 of the Code, in a house, inhabited apartment or office, or their dependencies, or if it is night, in a shop or industry, and who prevents or attempts to prevent the consummation of the offenses described in Articles 141, 142, 361, 362, 365 bis, 390, 391, 433 and 436 of this Code.
State of Necessity
He who acts to avoid an evil that causes damage to people or property, provided that the following circumstances concur:
- Fact or imminent danger of the evil sought to be avoided.
- The evil avoided is greater than that caused to stop it.
- That there is no other practical and less harmful way to prevent the harm.
Accidental Harm
He who, while executing a lawful act with due diligence, causes harm by mere accident.
Irresistible Force or Insurmountable Fear
He who acts violated by an irresistible force or driven by an insurmountable fear.
Fulfillment of Duty or Exercise of Right
He who acts in pursuance of a duty or in the legitimate exercise of a right, authority, office, or charge.
REPEALED
Omission Due to Cause
He who incurs any omission, being prevented by a legitimate or unavoidable cause.
Unintentional Offense
Anyone who commits an unintentional offense, except in cases expressly punishable by law.
Section 63: Aggravating Circumstances and Penalty Increase
Aggravating circumstances do not produce the effect of increasing the penalty when they:
- Themselves constitute a particular crime punishable by law, or
- Have been expressly stated to describe and penalize the crime.
Neither do aggravating circumstances inherent to the crime produce this effect, as the crime cannot be committed without their concurrence.