Reflections on the question of punishment between the principle of individualization and the respect for human dignity

Abstract

It is proposed in this work a methodological premise and a reflection on the problems of effectiveness of the sentence, both the application and the utility and its implementation in prison. Based on the assumption that the penalty should be applied in certain first practice, only dialogue between different sciences criminals (criminal law, criminology, criminal politics) can groped to find a type of sanction that while respecting the constitutional principles, meets the needs of effectiveness and usefulness of sanctions reaction, that the criminal policy in particular puts on the table the issue. The penalty and its implementation must be in touch (and specialize), with the personality of delinquent who lives in a reality evolution continues.The study of delinquent may allow individualization of the exact penalty, adapting to his actual personality and social danger.This is close topical in the current criminal, where dangerous generalizations should be avoided and tolerances facade, since the consummation of certain types criminal is often an expression of certain socio-cultural and geographical segments: this place is essential to analyse and understand how, the criminal sanction, and should be able to converse with his basic values. This is to not ignore the citizen and needs of social defense, so that the policy is not to consider criminal, his dignity and psychological aspects of intellectual, to achieve his real resocialization end rehabilitation.