Decriminalisation and depenalisation - theoretical outcomes and its reflection in legislative practice
Abstract
The contribution is a reflection on the issue, whether the will for decriminalisation, to which the lawgiver enrolled in the time of adoption of the new Criminal Code, was fulfilled. After a general introduction, which explains the key terms and lists out phenomena that influence the trend of (de) criminalization, follows an analysis of several examples of criminalisation in the last years.
The author, at first, pays attention to the trend of widening the penalisation of preparatory actions, then follows through on inaccurate application of certain international obligations, and attention is also given to the hidden inflation of criminalisation in several years unmodified threshold of damages caused by the perpetrator - the inflation and other economical factors notwithstanding. The concluding part concentrates on the question, which aspects should be reflected by the lawgiver, while contemplating the criminalisation or decriminalisation of certain actions.