Overview of approaches to defining the concepts of penalization and depenalization

The aim of this publication is to present the existing doctrinal approaches to the understanding of the concepts of penalization and depenalization through their comparative analysis and, on this basis, to offer an original definition of these categories. Penalization and depenalization serve as methods of implementing criminal law policy, that is, as tools through which the state shapes its perception of the social danger posed by certain acts. The article provides a description and comparative overview of several definitions of the categories of penalization and depenalization. Based on the analysis of these approaches, the author proposes their own definitions of the terms. This article may constitute an important contribution to research concerning crime control policy. The unification of doctrinal terminology can improve the practical understanding and perception of such essential tools of criminal law policy as penalization and depenalization. Ordinary citizens often consider and discuss, at an everyday level, questions related to the social danger and criminal punishability of various behaviors. Although such discussions rarely employ the terms “penalization,” “depenalization,” “criminalization,” or “decriminalization,” they often revolve around the mechanisms implied by these terms. Thus, this article directly addresses public issues that encompass many aspects of human life, extending beyond the field of criminal law alone. While the problem under discussion is primarily theoretical, it is important to recognize that the theoretical foundation offered in this work may serve as a basis for further research on the practical application of penalization and depenalization mechanisms within various areas of the Special Part of the Criminal Code. For a deeper understanding and more comprehensive analysis, the concepts at the center of this study are also compared with related categories, particularly criminalization and decriminalization. Research in the field of criminal law policy science is only beginning to gain momentum, and therefore, the present work may represent a significant contribution to the development of academic knowledge on the political and legal dimensions of crime control.