Decriminalization ordecriminalisation is the legislative process which removes prosecutions against an action so that the action remains illegal but has no criminalpenalties or at most some civil fine.[1] This reform is sometimes applied retroactively but otherwise comes into force from either theenactment of the law or from a specified date. In some cases regulated permits or fines may still apply (for contrast, see:legalization), and associated aspects of the original criminalized act may remain or become specifically classified as crimes. The term was coined by anthropologist Jennifer James to express sex workers' movements' "goals of removing laws used to target prostitutes", although it is now commonly applied to drug policies.[2] The reverse process iscriminalization.
Decriminalization reflects changing social andmoral views. A society may come to the view that an act is not harmful, should no longer be criminalized, or is otherwise not a matter to be addressed by thecriminal justice system. Examples of subject matter which have been the subject of changing views on criminality over time in various societies and countries include:
In afederal country, acts may be decriminalized by one level of government while still subject to penalties levied by another; for example, possession of a decriminalized drug may still be subject to criminal charges by one level of government, but another may yet impose a monetary fine. This should be contrasted withlegalization, which removes all or most legal detriments from a previously illegal act.
Many countries have the practice of not imposing prison sentences for that are considered as illegal but a less serious crime under that country's law, such as personal use of cannabis or personal use of certain other drugs without a prescription from a doctor.
