Unlawfulness in Criminal Law

There is no culpability without violation of the law. illegality without conformity to typicality, illegality
Without it, there is no fault. Typicality is a prerequisite for illegality, and illegality is a prerequisite for culpability.
When the act is in accordance with the legal definition, it is also considered to be unlawful. Because legal
The definition defines unlawful behavior by type. In other words, an act is against the law.
because it is typified. Establishment of illegality, function of conformity with legal recognition
Since it is legal, there is no need for positive elements that establish other illegality besides conformity with legal recognition.
there is none. The conformity of the behavior to the legal definition indicates illegality. In other words, legal
realization of the definition constitutes the presumption of illegality. perpetrator, legal
When the definition is realized, the result is that the legal order does not approve of this behavior.
If a situation has arisen showing that the unacceptable behavior is exceptionally lawful.
In the present case, the illegality of the act was rejected. In other words, if there is a reason for compliance with the law, the act is against the law.
is not. There is a presumption on the unlawfulness of the act to comply with the definition of crime regulated in the legal definition.
does not necessarily lead to the conclusion that it is against the law. Therefore, the legal recognition of the act
After determining its suitability, whether there is a reason for compliance with the law that removes the illegality.
It is necessary to check whether Reasons for legality, violation of legal definition of action
These are the events that make the perpetration of injustice not illegal. So to the law
If the reasons for compliance have been realized, it is no longer possible to talk about the unfairness of the act.

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