pénalisation

Pénalisation is the process by which conduct is subjected to penalties under the law. In French usage, it can refer to criminalization—the extension of criminal liability to acts previously tolerated—as well as to the expansion or intensification of sanctions through administrative or civil penalties. The term is commonly used in criminology, sociology and public policy to describe how laws and enforcement practices translate behavior into penal consequences.

In the criminal law domain, pénalisation designates the act of making an act punishable by penalties such as fines, imprisonment, or other sanctions. In administrative and regulatory contexts, penalties can be imposed without criminal liability, including fines, license suspensions, exclusion from eligibility for benefits, or prohibition orders. Pénalisation is often a policy lever intended to deter undesirable conduct, compensate victims, or protect public interests.

Debates around pénalisation focus on effectiveness, proportionality, and equity. Critics warn against over-criminalization and stigmatization of marginalized groups, arguing that punitive approaches may fail to address underlying causes and can impose long-term social costs. Supporters contend that penalties create deterrence, ensure accountability, and maintain social order.

Common domains include drug policy, where criminalization or intensified sanctions is argued to curb use; environmental regulation, where violations trigger fines and penalties; and tax or welfare policy, where sanctions are used to enforce compliance. The concept also covers transitional debates on reforming punitive regimes toward more targeted, proportionate, or preventive approaches.