Theory of Crime and Legislation

Abstract

This paper aims to address the theory of crime, addressing the proper classification that characterizes crime and its determining types. Crime in law is an act that is not permitted by law to practice and as such receives a specific sentence at the time it is carried out. Crime is a practice committed by people, whether individually or collectively, which does not go against the law and due to this action receives the appropriate punishment. Criminal Law is considered in the juridical one of the most important themes for the understanding of the mentioned subject. The theory of conduct called naturalistic or causal, elaborated in the 19th century, by Franz Von Liszt in the book Treatise on German Criminal Law, brings in its ideology the pretension of softening the unique will of the king who, in the middle of the Empire, dictated the rules of conduct prevailing over everyone. Opposing this phase, naturalistic theory emerges, where society is governed by the law and no longer only by the imposition of the monarch. In specific cases, the elements of intent and guilt are now investigated in the sphere of guilt, thus enabling their condemnation or acquittal. Legal hermeneutics was stripped away. The finalist theory allows the intention of the agent in his conduct, considering whether the evaluation was intentional or culpable. Such practice helps to define the typical fact, enabling, in fact, more efficient models of interpretations in the agent's action.