The punitive function of criminal law

Abstract

These brief lines refer to the analysis of the punitive function of Criminal Law, which appears linked and depends on the function that is assigned to the main legal consequences of the punishable act: penalties Art. 44 CP and security measures Art. 93 CP, more characteristic means of state punitive intervention; but the analysis is partial, because it is limited only to the examination of the basic aspects of punishment, such as the concept, origin, justification, nature, meanings, all in accordance with what is regulated in our Legal System.
The theme is characterized by a theorizing of philosophical points of view that consider Criminal Law as an instrument at the service of the value of justice in the face of those who understand it as an instrument that should serve primarily the utility value.