NEGATIVE CRIME THEORY

Negative Crime Element Theory

According to this theory, there are two elements of crime. These are typicality and imperfection. This theory takes a different approach in terms of typicity. The typicity element of the crime itself consists of positive and negative typicity elements. Elements of positive typicity are expressed in the legal definition of crime
refers to the elements. Negative typicality elements, on the other hand, indicate that the reasons for compliance with the law do not exist in a specific event during the evaluation of typicality. For typicity, in addition to the elements contained in the legal definition, there must be no reasons for compliance with the law. This theory law
it includes the element of contradiction in the element of typicity. The effect of a determination in this form reveals itself in terms of caste. According to this theory, caste should not only cover the objective elements of typicity, but also cover the lack of a reason for compliance with the law in November. Therefore, the error regarding the existence of the reason for compliance with the law is resolved in the error regarding the elements of the crime.