What Are Legal Excuses and Their Applications, and What Is the Difference Between Them and Judicial Mitigating Circumstances?

A legal excuse, as stipulated in Article 128 of the Penal Code, refers to the total or partial exemption from punishment granted by the legislator to a person who commits an act or abstains from an act prohibited by law.

The motives for such excuses may vary  they may be honorable, such as when someone attempts to “wash away dishonor” (for instance, killing a sister who committed a dishonorable act). They may be patriotic, such as killing a spy, saboteur, or agent. They may also serve the purpose of assisting justice during the investigation stage, such as reporting certain crimes either before or after committing them, or before the case is adjudicated.

As for judicial circumstances, these may be either mitigating or aggravating, as follows:

• Article 132 of the Penal Code provides that if the court finds mitigating judicial circumstances in a felony or misdemeanor, it may reduce the punishment within the limits prescribed by law. For example, a mitigating circumstance is when a woman aborts herself to “remove dishonor” if she became pregnant out of wedlock, or when one of her relatives up to the second degree helps her abort. When such circumstances are recognized by the court, they result in a reduction of the sentence imposed.
• These circumstances may also be aggravating. Article 135 of the Penal Code considers it an aggravating circumstance when the offender commits the crime with a vile motive or exploits the victim’s weak perception or inability to resist, or uses brutal methods in killing, mutilates the victim, or exploits his position as a public official or abuses his authority (Article 418/3 of the Penal Code).

Regarding reconciliation between the complainant and the accused, these are not legally stipulated circumstances but may be decided by the court on its own initiative.

Other factors the court may take into account include old age, family ties, the offender’s simplicity or naivety, or a husband’s suspicion of his wife having an affair with another man.