Justification
Formal unlawfulness means contradiction with the legal order. Its material counterpart means harm or endangerment to a protected legal good.
A cause of justification removes unlawfulness entirely. The act becomes fully lawful.
An excuse leaves the act unlawful but removes personal blame.
Self-Defence and Necessity
Article 20.4 sets out three requirements:
- Unlawful aggression.
- Rational necessity of the means employed.
- Absence of sufficient provocation.
If aggression is present but another requirement fails, Article 21.1 allows an incomplete exemption.
Under Article 20.5, necessity requires that the harm caused is not greater than the harm avoided.
Personal Imputation
Three requirements must be present for personal culpability:
| Requirement | Defect |
|---|---|
| Capacity | Severe anomaly, intoxication, or minority (Article 20) |
| Knowledge of unlawfulness | Mistake of prohibition |
| Exigibility | Insurmountable fear |
Modern doctrine grounds culpability in normal motivability.
Common pitfall: describing an exempt person under Article 20.1 as acting lawfully. The act remains unlawful; only personal reproach fails.