
The issue of criminal punishment has long aroused disputes. Recently, punishment, as well as criminal law in genere, has been subject to massive criticism. Particularly questioned on the part of abolitionists is the common justification of the punishment and its declared goals. Paradoxically, despite growing research, political populists have resorted to criminal penalties very often, beginning
to become harsher and harsher and more intrusive in the field of civil rights of punitive measures. There is often talk of the need to change the criminal law into the law of criminal risk. The author undertook a broad analysis of the justification of punishment, taking up the threads of the constitutionality of criminalization and penalization, a critical analysis of historical evolution, a revision of the foundations of the philosophy of punishment, and victimology.