Castigation of minors as a circumstance excluding illegality (a countertype)

Abstract

Introductory remarks (the concept and the classification of the so called countertypes). Not in every case does the fulfilment of the statutory features of a forbidden act have to be the expression of the objective social harmfulness of the perpetrator’s behaviour. Sometimes circumstances excluding illegality (the so called countertypes) occur which lead to the exclusion of the social harmfulness.In other words, there are possible exception to the rule (implying the negative assessment) that a behaviour fulfilling the statutory features of a forbidden act is characterised by social harmfulness.