Gai (Final) Theory of Crime
This is a theory developed by Welzel since the early 1930s. According to this theory, intent
is embedded within typicality alongside subjective elements. Error is accepted as a pure value judgment. The subjectification of injustice
and the normalization of fault. The subjectification of caste has also led to a change in the concept of injustice; the consciousness of injustice has become an independent element of error
. In the material conditions of reasons for compliance with the law, error is not accepted as intentional,
but is classified as flawed.
The distinction between legal error and factual error is abandoned, and error in material
elements is called element error, while error in the unlawfulness of the act is called injustice error.
In injustice error, a distinction is made between inevitable and preventable error.
While the existence of fault is denied in error, it is accepted in preventable error even if the fault is reduced.
In the material conditions of the reasons for compliance with the law, error is characterized as injustice error.
This theory also reveals causality in terms of the condition theory. Crime is the judgment given about the perpetrator. The final crime theory examines crime in terms of typicality, illegality, and culpability. The aim is also included in the elements of typicality, causality, and subjective elements (intent and other subjective elements) of the act.