RESPONSIBILITY, PUNISHMENT AND SELF-DETERMINATION

Abstract

The "topoi" condition of the functionalist concept of the necessity of punishment makes it possible to solve, within the framework of the topical-hermeneutic method, contemporary issues of imputation of personal responsibility in the context of guilt. The preventive purposes of punishment present themselves as a criminal political power to avoid a concrete penal response to the perpetrator in situations in which the argument, constructed from the particular circumstances of the case, concludes that the concrete incidence of punishment would be a preventively ineffective measure.