Misconception of illegality means that the behavior stipulated by the law is illegal, but one does not realize that the behavior is illegal due to one's own quality. If a person asks the court whether a certain act is illegal, and the court answers that it is not illegal, he does it, but in fact the act is illegal according to the law. Because the person did not realize that the act was illegal and committed it, it does not constitute a crime. This is an illegal misunderstanding.

The lack of possibility of expectation refers to a situation where, judging from the specific circumstances at the time of the act, the actor can be expected not to commit an illegal act but to perform a legal act.

The law cannot force people to do something difficult. Only when a person has the possibility of expecting to do a legal act but commits an illegal act can the perpetrator be condemned. If there is no possibility of expectation, the person cannot be punished. Condemn and censure the perpetrator for his illegal behavior.

Extended information:

Criminal illegality:

Criminal illegality refers to a crime that violates the criminal law, that is, a person's behavior complies with the provisions of the criminal law. Components. Criminal illegality is the legal characteristic of crime and a negative legal evaluation of criminal behavior. Under the principle of statutory punishment, if there is no criminal illegality, there is no crime. Therefore, criminal illegality is the basic characteristic of crime.

Criminal illegality has special characteristics that are different from other illegal acts. In legal terms, illegal acts can be divided into civil illegal acts, administrative illegal acts and criminal illegal acts. In addition, there are also litigation illegal acts. The same characteristics of illegal acts violate legal provisions. Therefore, legal provisions are the legal reasons for illegal acts.

Legal provisions are the sanctioning power of other departments of law for various criminal acts, and their norms are mainly composed of two parts: assumption and treatment. For example, "Whoever intentionally kills someone shall be sentenced to death, life imprisonment, or fixed-term imprisonment of not less than 10 years." This criminal law stipulates that "whoever intentionally kills someone" is a crime; "Those who intentionally kill someone shall be sentenced to death, life imprisonment, or fixed-term imprisonment of not less than 10 years" are statutory penalties.

Baidu Encyclopedia-Illegal