Criminalisering

Criminalisering, in the sense used in legal and political discourse, is the process by which conduct is defined as a crime under criminal law and subjected to criminal penalties. It is a central instrument of public policy for regulating behavior deemed harmful, dangerous, or morally disapproved by society. The term can also refer to the expansion of offenses or harsher sanctions through legislative acts, regulatory measures, or judicial interpretation.

Criminalisering operates through legislative acts that create offenses, specify mens rea requirements, and set penalties such as imprisonment, fines, or community service. It can cover acts of commission or omission, and regulatory violations. The reach of criminalisation varies by jurisdiction and policy area, and may be supplemented by civil penalties or administrative sanctions in some systems. Debates focus on proportionality, necessity, and effectiveness.

Impact and critique: Criminalisering can deter harm, but it may also produce social costs, including stigma and disproportionate effects on marginalized groups, as well as high incarceration rates. Critics argue that some activities are overcriminalized relative to their harms, while enforcement disparities and selectivity undermine fairness. Proponents stress the need to protect public safety and moral norms, and often advocate for targeted penalties and evidence-based approaches.

Alternatives and related concepts: decriminalization, depenalization, legalization, and crime prevention through regulation or public health strategies. Some jurisdictions implement non-criminal means to address certain behaviors, such as civil penalties, licensing schemes, or harm-reduction policies, aiming to reduce harm while avoiding criminal sanctions.

See also: decriminalization, legalization, penal policy, criminal justice reform.