The institutional approach to criminalization/decriminalization considers the various factors that contribute to the creation and application of criminal norms in different societies. Strong democracies tend to have lower crime rates than autocratic societies. This is because strong democracies tend to have a higher level of respect for the rule of law, which means greater adherence to legal norms and procedures.
The creation of criminal norms also depends on the effectiveness of governance in a society. Good governance is characterized by a fair and impartial legal system, the provision of basic needs and the protection of civil rights. When governance is ineffective, it can lead to the creation of criminal norms that are unfair or disproportionately harsh.
The future of artificial intelligence technologies in criminalization is a topic of growing interest. While AI technologies can improve the efficiency and accuracy of criminal justice systems, there are also concerns about the potential for bias and discrimination. Therefore, it is important to consider the ethical implications of AI technologies in criminalization.
Electronic tagging and surveillance, often referred to as "Big Brother surveillance," is another controversial topic related to criminalization. While these technologies can help in monitoring and tracking offenders, they also raise concerns about privacy and civil liberties.
Another important factor in the creation of criminal norms is the law of occupation and the law (or non law) of territories that are not under the effective control of the government. These are laws and rules that regulate specific conditions of development and emerging legal regimes, and the so-called non-legal law, such as in Northern Cyprus, Kosovo, Transnistria, etc. The war in Ukraine has generated a huge number of problems in the field of criminalization and criminal policy, which partly depends on the above-mentioned regimes.
Finally, it is important to consider the crimes of communism and fascist imperial thinking in modern societies. By studying the historical and social contexts in which these ideologies emerged, we can better understand the factors that contribute to the creation and application of criminal norms in totalitarian societies.
As a representative of Odesa Law School, Professor of the Department of Criminal Law, Viacheslav Tuliakov had the honor to initiate and participate in the discussion of these important issues with students and staff of the University of Castile La Mancha Ciudad Real (UCLM). UCLM has one of the leading academic schools, ranked 18th in the QS and 23rd in the Times Higher Education rankings in the world.
