Negative Crime Theory
Negative Criminal Element Theory
According to this theory, there are two elements of crime. These are typicality and culpability. This theory is based on the element of typicality different approaches in terms of typicality. The typicality element of the crime is characterized by positive and negative typicality.
elements of positive typicality. The elements of positive typicality are expressed in the legal definition of the offense elements of typicality. Negative typicality elements, on the other hand, are those elements that are not legally recognized during the assessment of typicality.
the absence of the reasons for conformity in the concrete case. For typicality, the legal definition elements must be present, as well as the absence of reasons for compliance with the law. This theory is based on
incorporates the element of contravention into the element of typicality. The effect of such a determination manifests itself in terms of the objective elements of typicality. According to this theory, intention only includes the objective elements of typicality but it should also cover the absence of a reason for compliance with the law in the concrete case
is required. Therefore, the error regarding the existence of a reason for compliance with the law is an error regarding the elements of the offense. is analyzed within the scope of
You can access our other article examples and petition examples by clicking here.