Beyond decriminalization: the transition from relative transparency to deliberate ambiguity

Abstract

ABSTRACT This article explores the phenomenon of decriminalisation. Although there is no comprehensive definition of decriminaliszation, common descriptions reduce it to cases in which a certain conduct no longer deserves to be criminalised. This article argues that decriminalisation is a broad phenomenon, which can be found in various places in criminal law, and should be examined from the perspective of the law in transition from relative transparency to deliberate ambiguity. To this end, I analyze several legal approaches: pure decriminalisation, de facto decriminalisation, de-prioritization, substitution, reclassification, and types of camouflaged decriminalisation (restorative justice and plea bargaining).