The Limits of Expanding Criminalization in Contemporary Criminal Law in Light of Human Security

Abstract

The expansion of criminalization occurs when legal provisions defining additional conduct as criminal proliferate, irrespective of existing criminal law’s adequate sufficiency to deter, control, and remedy conduct already criminalized. Contemporary societies have witnessed global debates to extend criminalization to new offenses, which elicit attention from multiple academic scholars. Governments then seek legal instruments to promote justice and security in society. The effects are favorable or otherwise. Empirical analysis of selected jurisdictions worldwide reveals that an expansion of criminalization, both preventive and prohibitive, empowers the existing criminal law to deter offenses relating to public integrity, drug abuse, juristic organizations, and cybercrime. Such measures, in contrast to decriminalization, sit proportionately, supplying public safety services to humanity.