Practice question · True or false
A finding that conduct matches a statutory description does not by itself establish that the conduct is unlawful.
Hints
- Ask what a justification does to conduct that fits an offence exactly.
- Killing in self-defence fits the description of homicide.
Show the answer
True
Why
True, and self-defence is the standing illustration. A person who kills an aggressor has done exactly what the homicide provision describes; the conduct is typical. It is at the next stage that a justification makes it lawful. Merging the two stages produces the familiar confusion of thinking self-defence means the killing never happened.
Practise The Architecture of the Offence
The app has 4 more questions on this lesson, and keeps your place in the course. Law I is free to start.
More questions on The Architecture of the Offence
- Arrange the questions of the theory of the offence in the order they are asked.
- Why does the theory of the offence insist on asking its questions in a fixed order rather than assessing…
- Complete the architecture of the offence.
- In what year was the criminal liability of legal persons introduced into Spanish law by organic law?
- Which are true of the criminal liability of legal persons in Spain?
- Arrange these developments in the theory of the offence in chronological order.
- Finalism shifted intent from culpability to the statutory type, whereas classical theory kept all mental…
- A person who acts under irresistible physical force performs conduct that is typical but justified.
- Match each concept to what it names.