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CRIMINALISATION AND THE CONTOURS OF LIABILITY: CURRENT LEGAL ISSUES AND COMPARATIVE REFORM SOLUTIONS

CRIMINALISATION AND THE CONTOURS OF LIABILITY: CURRENT LEGAL ISSUES AND COMPARATIVE REFORM SOLUTIONS

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Abstract: 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).

Keywords: criminalisation; the contours of liability; fair labelling and fair warning; international and comparative reform optionality; societal norms; new legislative responses

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