What Does typicality Mean
Typicality is the characteristic of what is typical (representative or particular of some kind ). The concept is often used in the field of law to name what constitutes a crime since it conforms to a figure that describes the law .
In other words: the typicity supposes the adaptation of a conduct to the budgets that the legislation on a crime specifies . If the action carried out by a person voluntarily fits with the figure described by the laws as a crime, it speaks of the typicity of the act committed.
In this way, when a conduct conforms to the description of the law, it can be affirmed that the act constitutes a crime. On the other hand, when the adequacy is not produced in its entirety, the action does not constitute a crime. This adequacy is linked to the typicality of the facts.
The law is responsible for describing crimes in detail. This is how typical behaviors are established : those behaviors that conform to what is described as a crime. This typicity is essential for a judge to be able to evaluate the specific facts according to the rates established by law.
Suppose that a piece of legislation establishes that murder is a crime and that the typical conduct of murder involves the act of killing another person . If a man shoots another man in the head and kills him, such conduct is consistent with the criminal offense described by law. Typicity, therefore, indicates that the person in question committed a crime.
In order to know more about the aforementioned typicity, we must emphasize that it has two really important aspects:
-The subjective type, which refers to the psychological attitude of the alleged perpetrator of the crime. By this we are referring to issues such as intent, error, guilt or fraud.
-The objective type, which is the set of characteristics that are necessary to be fulfilled in what is the world outside the aforementioned subject. This would be from the legal right to the objective imputation through the causal relationship.
On many occasions, we come across the fact that typicality is often confused and used as a synonym for a criminal type or criminal definition, but it is important to know that the three are different things.
Specifically, in order to understand what makes them different, nothing better than resorting to the law that does it like this:
-The criminal type is the description that is made of an omission or active act as a crime that is established as such in what it is the legal presupposition of a criminal law.
-The typicity is, on the other hand, the way in which the voluntary human act executed by the subject is adapted to what is the figure described by the law as a crime.
-The criminal classification thus we can determine that it is defined as the criminalization of a norm of culture carried out by the pertinent legislator and that is thus established and included in a criminal law.