Sobre la imposición de la pena como retribución

After a review of the existing relative theories (negative general deterrence, positive general deterrence and positive special deterrence) and of the distinction between the commination of punishment and the imposition of punishment as different dimensions of punishment, a theory of retribution as ground of the imposition of punishment is proposed. In this way, a theory of retribution based on a consequentialist ethic would lead to a reformulation of the idea of «prevention»: it would no longer be associated with the «avoidance of crimes» but would now be understood as «the reflection of what society considers to be just or fair». This procedure ultimately allows the imposition of punishment to be justified both to the individual and to society.