ABSTRACT

Criminality has accompanied social life from its inception. It has appeared in every stage of the development of every society, whatever that society’s organisation or form of government and in whatever historical epoch it has found itself. Despite having always been present, the concept of criminality has varied considerably in its extent. This variability relates to both the definition of criminal behaviour (specific acts that have been deemed prohibited) and the application of formal response mechanisms to unlawful conduct. Apart from acts ‘conventionally’ considered criminal (e.g. homicide, theft and fraud), new crimes and new ways of committing acts already specified by the criminal law as prohibited have emerged. These are related to technological changes and changes in the way society functions. The attitude of societies to conduct that has always existed is likewise subject to change. Hence societies are constantly criminalising, or, in some cases, decriminalising them.