Decriminalization

Decriminalization is a term used in legal policy discussions and criminal justice reform.

Decriminalization logically presupposes that a course of conduct is criminalized. The process of criminalisation is the counterpart of decriminalisation. The demand for decriminalization is to no longer impose punishment (and the associated special disapproval by the legal community) on certain behaviors. An example of decriminalization in the Federal Republic of Germany is the removal of misdemeanors from the Criminal Code in 1974 and the prior creation of the Code of Administrative Offences in 1968; some criminal offenses became such, some criminal offenses were completely eliminated.

Other examples:

• Adultery: abolition of criminal liability 1969
• Homosexuality: Withdrawal of the offence of § 175 StGB (male homosexuality) in the reforms of 1969, 1973 and 1994.
• Gross mischief: Replacement of § 360 para. 1 no. 11 StGB a.F. by § 118 OWiG as of 1 January 1975 (at the same time renaming of the offence to "public nuisance").
• Prostitution: Amendment of §§ 180a I, 181a II StGB as of 1 January 2002 creates the possibility to offer safe, hygienic and comfortable working conditions as well as the conclusion of employment contracts free of punishment. One of the concerns of the criminal law reformers was that prostitution should now only be prosecuted to the extent that it is carried out with coercion or other exploitation of the prostitutes, in a manner that endangers young people (for example in the vicinity of kindergartens, schools and similar institutions) or in restricted areas.

Decriminalisation is also discussed in the field of drug policy as well as in the context of migration policy. In the context of illegal drugs, the question is predominantly whether criminal law is the appropriate means to combat the dangers of drug use and to ensure the protection of minors (see legalisation of drugs). In connection with the irregular stay of foreigners in Germany, the issue is whether this should continue to be assessed as a criminal offence.

There are also proposals to decriminalise less serious offences such as shoplifting, minor damage to property or fare evasion. These proposals are not about denying the unjust nature of the offences, but about using the "precious resource of law" more efficiently by relieving the police and the judiciary.

On 14 October 2015, the Bündnis 90/Die Grünen parliamentary group presented a bill to the German Bundestag on the decriminalisation of people without residence status.

Other states

In parallel with the presidential election in the United States of America on November 3, 2020, residents of the US state of Oregon voted in favor of decriminalizing cocaine in a referendum. Since February 1, 2021, a small amount of cocaine will only be treated as a misdemeanor for users.

See also

• Criminalization