Decriminalization is one of the categories related to criminal law. Unfortunately, only a few works of lawyers and scholars are devoted to her. Usually this institution is mentioned in discussions of the effectiveness of certain legislative acts. What is decriminalization of criminal articles and what is it used for? What are the reasons for the exclusion of articles establishing particular offenses from legislative acts? Is decriminalization of the criminal code necessary? What are the consequences of lowering the degree of responsibility or its complete cancellation for certain actions? Is complete decriminalization of society possible in the present reality? Let's look for answers to all questions.
The concept
Sometimes, in legal reality, circumstances arise in which certain acts enshrined in the Criminal Code as prohibited and punishable lose the sign of public danger. Such processes occur with a change in social relations. In such cases, decriminalization occurs. This means that the state, represented by the legislator, recognizes the inappropriateness of the criminal legal struggle against such acts or omissions and cancels the punishment for their commission. It should be noted that decriminalization is a process that occurs not only in the field of criminal relations. This phenomenon can occur within the framework of administrative, civil, labor law. However, the decriminalization of crimes of minor gravity and the application of other types of responsibility to these acts most often take place.
The reasons
Decriminalization is a phenomenon that has diverse meanings. Firstly, it is humane. This is manifested in the fact that for some prohibited acts the responsibility is reduced, lighter types of punishment are assigned for their commission, and the procedure and terms for the removal of a criminal record are changed. Secondly, decriminalization is a common sense phenomenon. Why overload the texts of codes with irrelevant articles that contain responsibility for acts that have lost public danger or are not committed in the present conditions of life? Thirdly, this process also has statistical significance. Thus, when studying and comparing the theory and practice, it is established that the law establishes alternative liability for committing a specific crime (for example, imprisonment or a fine), and practice shows that in courts in almost 100% of cases only the second of these punishments is applied .
Full exception
Most often, a certain act, which was previously declared criminal and was recorded in one of the articles of the Criminal Code, ceases to be a crime and is transferred to the texts of other legislative acts. Such a loss of public danger is complete. For example, the complete decriminalization of crimes of minor gravity means that criminal liability cannot be applied for the commission of these acts. However, when transferring these acts as unlawful to the Administrative, Civil or Labor Codes, they may be punished in accordance with the provisions of these acts.
Not quite a crime
Incomplete decriminalization is a phenomenon that occurs when an act continues to be considered a crime in accordance with the Criminal Code, but despite this, the relevant authorities are given the authority in certain cases to release the violator of the law from criminal liability, replacing it with administrative or same disciplinary. In this case, a situation is created in which the legislator himself cannot determine whether to attribute this act to crime or not.Such misconduct includes socially dangerous acts or omissions, for the commission of which the Criminal Code provides for a relatively lenient penalty - a maximum of one year in prison or other light responsibility (for example, a fine, community service).
Efficiency
In Russia, more than one decriminalization bill has been developed, and not one of them has been passed. In this regard, many people, both representatives of science, and categories of people who are far from this sphere, have a legitimate question: is such a process effective? Statistics inexorably confirm the fact that the increase in crime is obvious. Many scholars have expressed the view that under such conditions humane measures to mitigate or abolish punishments for some misconduct are not advisable.
Prospects
First of all, the main task of the state is not the rapid decriminalization of crimes, but the fight against crime. Currently, this political direction is carried out both at the national and international levels. In modern reality, the main thing is to reverse the process of criminalization of society, to prevent the increase in crime rates. Already stopping the growth of legal misconduct is an excellent indicator. And only after that it is worth talking about the priority task of decriminalizing society. However, can this process be absolutely complete? So far, based on knowledge of human nature, there is no question of the possibility of complete decriminalization.
