Unlawfulness in criminal law

In Swiss criminal law, unlawfulness is assessed after the statutory elements of an offence are fulfilled. The act is punishable only if no ground of justification applies. Typical justifications include lawful self-defence, justifying necessity, duties or permissions arising from law, and in limited cases the injured person’s valid consent. Unlawfulness is distinct from culpability: a justified act is lawful, whereas an excused act remains unlawful but may not lead to punishment.