rechtswidrigen

Rechtswidrig is an adjective used in German law to denote conduct that is contrary to law and not justified by a legal defense. The form rechtswidrigen is the inflected form used before plural nouns (for example: die rechtswidrigen Handlungen, rechtswidrigen Eingriffe). In legal texts the term commonly appears as Rechtswidrigkeit or rechtswidrig, referring to unlawfulness in general.

In civil law, Rechtswidrigkeit is a central element of liability. A claim for damages under the German Civil Code (BGB) typically requires that the conduct be rechtswidrig and schuldhaft (at fault). If a legal justification exists—such as Notwehr (self-defense), Notstand (emergency), or the injured’s consent—the conduct is not rechtswidrig, and liability can be excluded despite the wrongdoing.

In criminal law, Rechtswidrigkeit denotes the unlawfulness of the act unless a justified defense applies. A crime is only punishable if the act is rechtswidrig; justification grounds like Notwehr, Notstand, or auch rechtfertigende Einwilligung can negate unlawfulness and prevent criminal liability. The concept is closely linked to Schuld (culpability), which concerns the actor’s mental state and ability to foresee consequences.

Typical examples of rechtswidrige Handlungen include theft, body injury, or trespass. However, even seemingly illegal actions can become lawful if a valid justification exists or if consent is given. The term is also used in broader administrative and constitutional contexts to describe actions that violate applicable norms or rights.