Complete the architecture of the offence.
Conduct that matches a statutory description is ______. Such conduct is unlawful unless a cause of ______ applies. Whether the unlawful act can be reproached to this particular person is the question of ______. The finalist school moved ______ out of that last category and into the subjective side of the type.
Word bank: typical · justification · culpability · intent · punishability · omission
Hints
- The first three blanks are consecutive rungs of the ladder.
- The last blank names what finalism relocated.
Show the answer
Conduct that matches a statutory description is typical. Such conduct is unlawful unless a cause of justification applies. Whether the unlawful act can be reproached to this particular person is the question of culpability. The finalist school moved intent out of that last category and into the subjective side of the type.
The last blank is the whole doctrinal argument in one word. Where intent sits decides where a mistake about the facts is handled: on the type, a mistake removes the type and the case fails at stage two; on culpability, the conduct remains typical and unlawful and the case fails at stage four. The same facts, two different answers about what a third party may lawfully do.
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…
- A finding that conduct matches a statutory description does not by itself establish that the conduct is…
- 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.