Illegality
There can be no crime without a violation of the law. There can be no illegality without typicality, and there can be no crime without illegality.
Typicality is a prerequisite for illegality, and illegality is a prerequisite for criminality.
An act is also considered unlawful when it conforms to the legal definition. This is because the legal
definition defines unlawful behavior according to its type. In other words, an act is
unlawful because it is typical.
The determination of unlawfulness is the function of conformity to the legal definition.
Because it is legal, there is no need for other positive elements that determine illegality in addition to conformity with the legal definition.
The conformity of the behavior with the legal definition indicates illegality. In other words, the legal realization of the definition
creates the presumption of illegality. When the perpetrator
realizes the legal definition, the legal order does not approve of this behavior as a result.
If a situation arises that shows that unacceptable behavior is legally permissible in exceptional cases.
In the current situation, the illegality of the act has been rejected.
In other words, if there is a reason for compliance with the law, the act is not contrary to the law. The assumption that the act fits the definition of a crime set out in the legal definition and is unlawful
does not necessarily lead to the conclusion that it is unlawful. Therefore, the legal recognition of the act
is made by examining whether there is a legal reason that eliminates the unlawfulness after determining its appropriateness.
The grounds for legality must be checked against the legality of the act.
These are events that remove the unlawfulness of committing injustice. Therefore, if the grounds for legality are met from a legal perspective,
the injustice of the act can no longer be discussed.