Rechtswidrig

Rechtswidrig is a German legal term used to describe an act, decision, or measure that violates applicable legal norms and is not legally justified. It denotes a formal unlawfulness that arises from the violation of rights, duties, or prohibitions established by law.

In criminal law, rechtswidrigkeit (unlawfulness) is a prerequisite for liability. An act can be illegal but not punishable if a legally recognized justification applies, such as self-defense (Notwehr), necessity (Notstand), or other Rechtfertigungsgründe. Conversely, an act that conforms to the law is not rechtswidrig and cannot form the basis of criminal liability.

In civil and administrative law, rechtswidrigkeit refers to infringements of legal norms or protected rights. A breach of contract, an unjust enrichment, or a public authority decision lacking proper authority can be rechtswidrig. However, legal remedies or defenses may negate or limit liability, for example through consent, statutory permissions, or procedural compliance.

Not all wrongful conduct is equally severe; the term focuses on legal admissibility rather than moral judgment. Often, a distinction is made between rechtswidrig (unlawful) and schädlich (harmful) or unrechtmäßige (unlawful in a moral sense). The concept also plays a role in evaluating the lawfulness of administrative acts, police actions, and regulatory decisions.

Etymology comes from Recht (law) and widrig (opposed to). In practice, rechtswidrig is used in statutory texts, case law, and legal commentary to characterize acts that violate the law and for which a justification may or may not exist.