rechtswidriges

Rechtswidriges is a term used to describe conduct that is unlawful or contrary to applicable law. In practice, it is most often expressed through the phrase rechtswidriges Verhalten or rechtswidrige Handlungen, referring to actions that violate legal norms or infringe protected rights. The concept is central in both criminal and civil law in German-speaking jurisdictions.

In criminal law, Rechtswidrigkeit is a core element of liability. A conduct can only be punishable if it is not justified by legally recognized reasons. Rechtswidrigkeit exists unless there is a justification such as self-defense (Notwehr), necessity (Notstand), consent, or other statutory exceptions. If a defense applies, the conduct ceases to be Rechtswidrig, and liability can be excluded or reduced.

In civil law, Rechtswidrigkeit describes unlawful interference with the rights of another person or with the provisions of the Civil Code. Such unlawfulness can ground claims for damages or injunctions (Deliktshaftung). However, lawful acts or actions taken under statutory authority, contractual performance, or legitimate protection of interests may be exempt from liability.

Notions of Rechtswidrigkeit are contrasted with Rechtmäßigkeit, which denotes conformity with the law. The assessment of unlawfulness depends on the context, such as criminal offenses, torts, or administrative acts, and can be influenced by resoning factors like intention, risk, and proportionality.

Etymology: derived from Recht (law) and widrig (contrary), the term is widely used in statutory language, case law, and legal commentary to denote unlawfulness in various legal contexts.