Criminalisation and the Contours of Liability: Current Legal Issues and Comparative Reform Solutions

The contours of criminalisation in dissonant legal systems and
the evidentiary and procedural initiatives to provide effective enforcement
mechanisms thereto are subject to constant change. New or different types
of harm(s) effectuation have become prevalent in more recent times, which
have required deconstruction in terms of fair warning and fair labelling of
behaviours, and in accordance with societal norms and expectations. The
prevalence of particularised harms, illustratively encompassing human
trafficking, non-fatal strangulation, romance frauds and gang participation in
crime has demanded novel solutions and bespoke legislative responses. It is
not simply acts of positive commission that need to be traduced in terms of
potential criminalisation, but also “omissive” conduct as well. It is essential
to consider these new challenges through international and comparative
perspectives on criminalisation and to adventitiously provide optimal
solutions for pervasive and holistic future reform(s).