The Legal Implications Of Recidivism: Outdated Or Essential?

What are the justifications for punishment?

Modern Penal Law justifies punishment based on three key principles:

1. retributive,
2. preventive, and
3. rehabilitative effects.

The retributive effect, as explained by jurist Francesco Carnelutti, seeks to restore societal order by requiring offenders to make amends for disrupting peace.

The preventive effect acts as a deterrent, using the fear of punishment to discourage crime. It works on two levels: general prevention, which restrains society from committing crimes, and specific prevention, which discourages repeat offenses by those who have experienced punishment. The stimulus behind this principle is that if penal laws weaken or penalties become lenient, the deterrent effect fades, increasing the risk of criminal behaviour.