Culpability

Under the criminality refers to the property of an act (or omission ), subject to a criminal penalty to be.

According to German and Austrian law, criminal liability requires first the existence of the act with punishment threatening law for crimes committed ( nulla poena sine lege principle of "no punishment without law "; rule of law ).

Then must the violation of this law both in an objective (the actions have the so-called objective facts meet ) and subjective ( knowledge about the actions as well as the law of corresponding shape of intent to action ) are present ways.

Next must be no justifying or excusing facts. [ Justifying self-defense, for example, apologizing for example about legal emergency, or in Austria: apologetic emergency (§ 10 StGB) ].