Tuesday, May 17, 2011

UNLAWFULLNESS


(1) Once it is clear that X has committed an act which complies with the definitional elements, the next step in inquiring into the question of criminal liability is whether X's act was also unlawful.


(2) Conduct is unlawful if it is in conflict with the good morals (boni mores) or legal convictions of society.


(3) The grounds of justification are practical aids for determining unlawfulness. They represent situations often encountered in practice which have come to be known as easily-recognisable grounds for the exclusion of unlawfulness

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