The law distinguishes between bad-type offences (Mala in Prohibita) and bad-type offences per se (Mala in Se).
Offences of the first kind are offenses that are not contrary to the nature of morality, and the action is prohibited only because the law forbids it (for example: a person crosses an intersection at a red light when the intersection is empty). Offences of the second type are offences that are contrary to morality, even if they were not prohibited by law (for example: rape, murder).
Criminology deals with deviant behavior in society and analyzes the causes of delinquent behavior. Behavioral deviation is behavior that goes against the rules of behavior in society as determined by norms and values. These rules became binding laws aimed at making order in society.
Is any social deviation also necessarily a violation of the law?
From here we proceed to the question of whether any tendency is considered a deviation. Deviation is relative to time and place; the absolute definition does not give it a place and that is the main disadvantage of the definition. We were unable to find a behavior that was an absolute deviation.
In everyday life there are situations in which the deviant manages to bend the behavior of the majority, and turn perverted behavior into an accepted tendency.
Deviations such as pedophilia, remain deviations prohibited by law, because they are offences that stand in contrast to general social morality.
The criminal investigator has no interest in understanding the mental problems of the deviants, he is only guided by what is permitted and forbidden by law - even if such a deviation is accepted in many places as an accepted social tendency.