Definition of
typicality
typicality is the characteristic of that which is typical (representative or individual of some guy). The concept is often used in the field of right to name what constitutes a crime since I know adequate to one figure that describes the law.
In other words: criminality supposes the adequacy of a conduct to the assumptions detailed in the legislation on a crime. If the action carried out by a person voluntarily fits the figure described by the laws as a crime, we speak of the typical nature of the act committed.
- The typicity and the law
- An example
- Difference Between Typicality, Typification, and Type
- Related Topics Tree
The typicity and the law
In this way, when a conduct fits the description of the law, the act can be said to constitute a crime. On the other hand, when the adaptation does not occur in its entirety, the action does not constitute a crime. This adequacy is linked to the typicality of the facts.
The law It is responsible for describing the crimes in detail. This is how the typical behaviors: those behaviors that conform to what is described as a crime. This classification is essential for a judge to evaluate the specific facts according to the rates set by law.
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An example
Suppose that, in a piece of legislation, it is established that murder is a crime and that the typical conduct of murder involves the act of killing another. person. If a man shoots another man in the head and kills him, such conduct conforms to the criminal offense described in the law. The criminality, therefore, indicates that the person in question committed a crime.
In order to learn more about the aforementioned typicity, we must underline that it has two really important aspects:
-The subjective type, which refers to what is the psychological attitude of the alleged perpetrator of the crime. With this we are referring to issues such as intentionality, error, fault or fraud.
-The objective type, which is the set of characteristics that are necessary to be fulfilled in what is the world outside the aforementioned subject. This would be from the legal right to the objective imputation through the causal relationship.
See also: Penal code
Difference Between Typicality, Typification, and Type
On many occasions, we come across the fact that criminality is often confused and used as a synonym for criminal type or criminal classification, but it is important to know that the three are different things.
Specifically, in order to understand what makes them stand out, there is nothing better than resorting to the law that does so:
-The criminal type is the description that is made of an omission or active act as a crime that is established as such in what is the legal budget of a criminal law.
-The typicality is, on the other hand, the way in which the voluntary human act executed by the subject is adapted to what is the figure described by the law as a crime.
-The criminal classification thus we can determine that it is defined as the criminalization of a norm of culture carried out by the pertinent legislator and that it is established and included in a criminal law.
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