The study addresses the criminal law issue of the subjective justification element: the necessity, content, and legal consequence questions. The existing opinions on the issue are comprehensively recorded, systematized, and subjected to detailed criticism. The derivation of an independent solution is based on a philosophical foundation that reflexively reaches and unfolds the normativity of the subject within its unavoidable horizon and its conditions of possibility. The problem solution to be deduced from this foundation—through multiple mediation—consists of a division of the level of exclusion of wrongdoing into subject-dependent justification and the subject-independent elimination of the objective prerequisites of wrongdoing, leading to the absence of punishment for the behavior in the absence of the subjective justification element.