Negative Criminality Theory
According to this theory, there are two elements of crime: typicality and fault. This theory offers a different approach to the element of typicality.
lass=”yoast-text-mark” />>The element of typicality in crime consists of positive and negative typicality within itself.
lass=”yoast-text-mark” />>Negative typicality elements, on the other hand, are applied to the law during the assessment of typicality.
They indicate that there are no grounds for compliance in the specific case. In the legal definition of typicality,
in addition to the presence of elements, there should be no reason for compliance with the law.
This theory
also includes the element of contradiction in the typicality element. The effect of such a determination is self-explanatory.
>According to this theory, the crime only contains objective typicality elements.
>It is not necessary to cover this, but in the specific case, no reason for compliance with the law should be included either.
>Therefore, an error regarding the existence of a reason for compliance with the law is an error regarding the elements of the crime.
This theory is analyzed below.