RAS Social ScienceGosudarstvo i pravo

  • ISSN (Print) 1026-9452
  • ISSN (Online)2713-0398

On the definition of criminalization and decriminalization: criminal policy framework

PII
S1026-94520000616-5-1
DOI
10.31857/S20000616-5-1
Publication type
Article
Status
Published
Authors
Volume/ Edition
Volume / Issue 4
Pages
49-55
Abstract
Criminalization and decriminalization are not clearly defined in the framework of criminal policy. The article deals with six approaches to the definitions represented in the Russian legal doctrine. The critical reconsideration of broad and broader approaches allows us to distinguish criminalization (decriminalization) from differentiation, individualization, penalization and depenalization. The author pays great attention to the narrow approach. It is suggested that criminalization should be considered as the particular method of criminal policy, which is derived from common differentiation of a legal regulation and a liability method. In the article the author argues the necessity of analyzing criminalization (decriminalization) as the process and the result of establishing (removing) the criminal law prohibition.
Keywords
criminalization, decriminalization, delictization, differentiation, individualization, criminal law prohibition
Date of publication
01.04.2017
Number of purchasers
4
Views
1230

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At the Ministry of Education and Science of the Russian Federation

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Scientific Electronic Library