What is typically considered a necessary element when assessing the legality of an act in a criminal case?

In assessing the legality of an act in a criminal case, it is essential that the act is codified in law. This means that for an action to be deemed illegal, it must be explicitly defined within the statutes or regulations governing criminal behavior in that jurisdiction. Without this legal codification, an act cannot be prosecuted as a crime. Laws establish the framework for determining what actions are considered offenses and the penalties associated with those offenses, ensuring that individuals are aware of what is permissible and what is not.

While elements such as moral wrongness, intent, or the location of the act may play a role in evaluating specific cases or the severity of a crime, they do not replace the necessity for the act to be grounded in established law. Therefore, codification in law serves as the foundational requirement for legality in criminal cases.