Typical fact is a legal expression that means that an act performed by an individual consists of a crime.
It is expressed by the human factor (conduct) that produces a certain result that the law classifies as a crime.
The typical fact is one of the three mandatory elements for an action to be considered a crime, along with the unlawfulness and the culpability. Therefore, these three requirements must be present for criminal conduct to be configured.
Elements of typical costume
A typical fact is necessarily formed by four elements: conduct, result, causal link and typicality.
THE conduct it is the behavior developed by the individual with the determination to reach a certain goal. It is the action performed by the person.
O result it is the alteration that was produced through the act performed. This element is fundamental for the crime to be classified as consummated, that is, if the result occurred, the crime was consummated.
O causal link it is the relationship that exists and can be confirmed between the conduct that was practiced by the individual and the result of the act.
already the typicality it is the legal framework given to conduct. In other words, typicality is the description of the act and the result within the criminal law, with the respective penalty determined.
Willful conduct and wrongful conduct
Typical conduct can be of two types: willful or guilty.
THE willful conduct it is the one in which the individual performs the act because he wants the result of the crime.
Example: there is malicious conduct when an individual prepares an ambush and kills his victim in a previously thought-out way.
Also read the meaning of dolo.
THE wrongful conduct, on the contrary, happens when there is a crime result, but the individual did not intend to practice it.
Therefore, in the wrongful conduct, it is considered that the person did not want the final result of the crime, but he could foresee this result and chose to take the risk.
Example: a drunk person drives a vehicle and runs over another person. Although he did not want to be run over, the individual is aware that driving under the influence of alcohol puts him at risk.
understand more about Willful and Manslaughter.
Omissive conduct and commissive conduct
The conduct can also be classified as omissive or commissive.
THE omissive conduct it happens when a person fails to do something he should or could do to prevent the result of the crime from happening.
already the commissive conduct it occurs when the act performed is contrary to a prohibition that is in the law.
Also read the meanings of Crime and Passional crime.
Difference between typical and unusual facts
The typical fact, as we have seen, is a conduct that the law defines as a crime. Already the unusual fact is the opposite: it is not a crime as it is not defined by law.
The conducts that are not determined as crimes are atypical facts because there is no determination to apply a penalty for the practice of these acts.