Abstract:
The process of criminalization has been studied on the level of interactions, but there is unsatisfactory consideration of the organizational and legal frameworks in which these take place. Of these three levels of defining the label „criminal” we here discuss the processes by which the legal framework of penal law is formulated (which in practice is a continuous process of amendments). It is evident, that penal law is a reflection of societal power structure and contradictions. However, it is not sufficient to postulate such a relationship: it has to be shown empirically by which processes this „reflection” is enacted. This paper stresses the importance of the judicial profession (its structure and its ideologies) in these processes. Politization and public involvement in penal policy can be very intense on issues of symbolic importance, but this is only very selective considering the large amount of continuous decisions in penal and penal procedural law which the legislative program of criminal control consists of. The overriding influence of the profession which is implementing penal law is especially apparent in comparison to other policy fields.