Final Crime Theory
It is the theory developed by Welzel in the early 1930s. According to this theory, caste is defined
is included in typicality together with the subjective element. Fault is recognized as a pure value judgment. Unfairness
subjectivization and normativization of fault. Subjectivization of intent
The concept of injustice has also changed, and the consciousness of injustice is an independent element of fault.
has been. Error in the material conditions of the reasons for compliance with the law is not characterized within the scope of intent,
is characterized within culpability. The legal error-actual error distinction is abandoned and the material
the error in the elements is called element error, and the error that the act constitutes a violation of the law is called tort error.
fallacy. In the fallacy of injustice, a distinction is made between inevitable and avoidable error, and inevitable
The existence of fault is rejected in the case of error, while fault is accepted in the case of avoidable error, even if it is diminished.
Errors in the material conditions of the reasons for compliance with the law are characterized within the error of injustice.
This theory also establishes causality in the sense of the condition theory. Fault is the judgment made about the perpetrator.
The final theory of crime analyzes the crime as typicality, illegality and culpability. Typicality is objective
elements are action, result, causal link, and subjective elements are intent and other subjective elements
included.
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