Categories: INFORMATION

TELEOLOGICAL CRIME THEORY

Teleological (Final) Crime Theory

It is a theory developed by Welzel from the early 1930s. According to this theory, caste is included in typicity along with other subjective elements. The flaw is considered a lean value judgment. There is subjectivization of injustice and normalization of flaw. Subjectivization of caste has also caused a change in the concept of injustice, and awareness of injustice has become an independent element of flaw. In the material conditions of the reasons for compliance with the law, error is not qualified within the scope of caste and qualifies in imperfection. The distinction between legal error and actual error is abandoned, and the error in the material elements of the crime is an element error, and the error in the fact that the act constitutes a violation of the law is unfair
it’s called a delusion. In the fallacy of injustice, the distinction of inevitable and avoidable error is made, in the inevitable error, the existence of defect is denied, and in the avoidable error, the defect is accepted, albeit reduced. In the material circumstances of the reasons for compliance with the law, the error is characterized as unfair. This theory also establishes causality in the sense of condition theory. The flaw is the judgment given about the perpetrator. Final crime theory examines crime in the form of typicality, illegality and imperfection. Objective elements of typicity include the continuation of movement, the link of causality, and subjective elements include caste and other subjective elements

Yağız Canseven

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