Gai (Final) Crime Theory
It is the theory developed by Welzel since the early 1930s. According to this theory, caste
it is included in typicality along with the subjective element. Fault is accepted as a pure value judgment. of injustice
subjectivization and normativeization of defect. Subjectification of caste
also caused a change in the concept of injustice, the awareness of injustice is an independent element of the fault.
has been. In the material conditions of the reasons for compliance with the law, the error is not considered as intentional,
is classified as faulty. The distinction between legal error and actual error is abandoned and the material
The error in the elements is the element error, and the error in the illegality of the act is unfair.
called error. In the fallacy of unfairness, a distinction is made between inevitable and avoidable error.
The existence of the defect is rejected in the error, and the defect is accepted even if it is reduced in the avoidable error.
In the material conditions of the reasons for compliance with the law, the error is characterized as the error of injustice.
This theory also establishes causality in terms of condition theory. Fault is the judgment given about the perpetrator.
The final crime theory examines crime as typicality, illegality, and culpability. The objective of typicality
action to its elements, causality, to its subjective elements caste and other subjective elements.
are included.
