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In life situations in which an act fulfilling the external elements of a form of crime is the only means of protecting a (different) legal interest or fulfilling a duty imposed or recognised by law, the question of whether the act is lawful or not, or whether it is unlawful, must be decided on the basis of the value of the conflicting legal interests or duties, which can be derived from the applicable law.

Term-Nr.: 879

German: Güterabwägungsprinzip (404)

Source: LK-Lötscher, 11.05.2020

Notice: The contents of this terminology collection Lawpedia® with a focus on business law (especially financial market law) have been researched with great care and compiled on the basis of an extensive flash card, training materials and literature. The various sources (as far as they could be found) can be found in the abbreviations and source references. References to other sources are welcome. Despite the care taken, the provider cannot accept any liability for the accuracy, completeness and topicality of the information provided. The information is of a general nature in particular and does not constitute legal advice in individual cases.

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