Archetypes of Criminalization: Is It Possible to Find Rationality in Criminal Policy?

Abstract

The author estimates the drawbacks of rationally normative approach to criminalization customary in the Russian doctrine. The article substantiates the importance of investigating the grounds and models of taking decisions on criminalization by the political actor. The author introduces the ‘archetype of criminalization’ concept for characteristic of a pattern characterizing typical oft-stated models of substantiation and taking decision on a new meaning of criminalization. The article describes a methodology of seeking archetypes of criminalization in Russian practice. The author articulates and discloses the following criminalization archetypes: precedent, accumulation, similarity and response. Moreover, the author highlights that the influence of the archetypes of the new criminalization in Russia has already been noted by representatives of legislative power. Therefore Federal Law No. 266-FZ ‘On Amendments to Article 8 of the Federal Law ‘On the Enactment of the Criminal Code of the Russian Federation’ and the Federal Law ‘On the Enactment of the Criminal Procedure Code of the Russian Federation’’ was adopted. However, the author points out his hope that the Russian legislative power will comprehend the importance of rationalization of decisions on new criminalization.