Absolute theories of punishment

Abstract

The foundation of the penalty has been one of the most discussed topics in Criminal Law, by philosophers and jurists throughout history. The importance of determining its foundation lies in the need to justify its use, to prevent it from appearing an arbitrary act on the part of the state in use of the lus Puniendi and thus avoid a crisis that could ultimately lead to the dissolution of the state by a general disapproval of its inhabitants or a kind of "Regime of Terror" like the one that occurred between 1793 - 1794 in France.

At present, under the liberal system and a mode of government of social democratic ideology, the penalty is based on the so-called Mixed or Unitary theory, which maintains that "the penalty must repress taking into account guilt and proportionality with respect to to the criminal act and at the same time prevent the commission of new crimes" in this way a balance is achieved between the two preponderant theories in criminal doctrine, the Absolute Theories and the Relative Theories.