Editing Decriminalization (section)

{{Short description|Reduced or absence of a criminal penalty for certain acts, illegal or legal}}
{{Distinguish|legalization}}
'''Decriminalization''' or '''decriminalisation''' is the legislative process which removes prosecutions against an action so that the action remains illegal but has no criminal [[Sentence (law)|penalties]] or at most some civil fine.<ref>{{Cite web |title=decriminalization |url=https://www.law.cornell.edu/wex/decriminalization |access-date=2023-08-27 |website=LII / Legal Information Institute |language=en}}</ref> This reform is sometimes applied retroactively but otherwise comes into force from either the [[Bill (law)#Enactment and after|enactment]] 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.<ref>M. G. Grant, ''Playing the Whore'' (Verso/Jacobin, 2014), p. 112</ref> The reverse process is [[criminalization]].

Decriminalization reflects changing social and [[moral]] views. A society may come to the view that an act is not harmful, should no longer be criminalised, or is otherwise not a matter to be addressed by the [[criminal justice]] system. Examples of subject matter which have been the subject of changing views on criminality over time in various societies and countries include:

*[[Abortion]] (see: [[abortion law]] and [[abortion-rights movements]])
*[[Breastfeeding in public]]
*[[Drug possession]], and [[recreational drug use]] (see: [[drug liberalization]])
*[[Euthanasia]] (see: [[legality of euthanasia]])
*[[Gambling]] (see: [[gambling age]])
*[[Homosexuality]] (see: [[decriminalization of homosexuality]] and [[LGBT rights by country or territory]])
*[[Polygamy]]<ref>{{cite web |url=http://www.deseretnews.com/article/1,5143,660214924,00.html |title=Forum focuses on polygamy woes |date=April 25, 2007 |publisher=Deseret Morning News |access-date=2009-06-18 |archive-url=https://web.archive.org/web/20090602152122/http://www.deseretnews.com/article/1,5143,660214924,00.html |archive-date=June 2, 2009 |url-status=dead }}</ref> (see: [[legality of polygamy]])
*[[Poverty]] (see: [[criminalization of poverty]])
*[[Prostitution]] (see: [[decriminalization of sex work]])
*[[Public nudity]]
*[[Ergogenic use of anabolic steroids|steroid use in sport]]
*[[Suicide]] (see: [[suicide legislation]])

In a [[federalism|federal]] 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 with [[legalization]], 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.