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There would be various defences performed by the accused or his attorney in the criminal proceedings. Reference to justificatory factors or excusatory factors is a part of them. Justificatory factors refer to those objective circumstances which justify a criminal act or make it rightous. Excusatory factors, on the other hand, denotes personal characteristc or subjective circumstances of the perpetrator that abandons the criminal proceedings from the subject. Both justificatory and excusatory factors, if achieved, stop the punishment of the perpetrator, but they differ in the possibility of using security and training measures, civil liability of the accused, self defence, the possibility of the punishment of abetors and accossories, burden of proof and procedures. The similarity of the above mentioned factores emanates from disrelationship of justificatory and excusatory factors of criminal responsibility. It seems that it would be fruitful to apply other tittles which would clearly indicat the effects and nature of the above mentioned factores. Nature, similar examples and the effects of justificatory and excusatory factors will be discussed briefly from this respect in this paper.

Keywords: Justificatory Factors, Excusatory Factors, Legal Element, Mental Element

     

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