An illegal act is against the laws.
Illegal is that which is contrary to law . Law is called, in this framework, the set of laws and principles that allow the regulation of social relations based on an ideal of order and justice.
A prohibited act
An act is illegal when it is prohibited by the legal system . The action in question, therefore, is contrary to the law and constitutes a crime .
That is why it can be said that a crime is an illegal action. When a person, by reckless or voluntary action or omission, violates the law , adopts illegal behavior and, if classified in the penal code , commits a crime.
It is interesting to mention that, as an act contrary to the rules imposed by the legal system, the crime stands as an illegal act . But, at the same time, it is a legal fact since it generates precisely legal effects .
It is also possible to understand the unlawful act or illegality as a fundamental component of the crime, which must be there for the latter to be relevant in the field of law. In other words, one cannot speak of a crime if the event does not present any element of this type, which goes against the law. Only when we identify both elements, thanks to the classification, can we give way to the corresponding legal process to determine the security measure or the sentence that the offender must serve.
Typical justified behaviors
To classify an action or an omission, within the legal scope, means defining them in such a way that a specific sanction or penalty is associated with them. When faced with a complaint, for example, the justice body must refer to this previously defined set to know how to proceed. In this framework we speak of typical behavior , any behavior that entails an action or omission that conforms to what is considered a crime in the context of a criminal code.
It should be noted that when we talk about action we refer to the behavior of a subject that is outside the limits of the law, while by omission we understand the lack of an action that the law considers mandatory in a given situation. As the title of this section indicates, however, there are certain typical behaviors that are not illegal, since they can be justified and, therefore, do not form part of a crime. A very easy to understand example is self-defense , which can include acts of violence but the law considers that we all have the right to commit them if they attack us first and put our lives in danger.
The complexity of the laws means that it is not always possible to immediately identify an illegal act, even if at first glance it appears to be part of typical, apparently justified behavior. In fact, it is necessary to take into account various factors to reach a verdict, such as mitigating and aggravating circumstances , essential to shape the sentence.
Self-defense is not illegal, since it is justified by law.
a disvalue
Another way to understand illegality is as a disvalue . When a law is enacted, the interests or assets to be taken care of are defined and a valuation is carried out that is detailed in the standard . Actions that threaten interest or good, in this way, imply a disvalue (a negative value).
It must be taken into account that conduct, to be considered a crime, must conform to a figure described in the law. However, there are typical behaviors that are not illegal because they are taken as legal. That is the case of so-called self-defense : a person, under certain circumstances, can kill another without that act being classified as homicide .