Procedural Forms and Criminal Policy

Abstract

This article argues that the main issue of criminal justice is the political-criminal problem. Given a poor design of this policy, the article proposes to assume the political-criminal functions of the forms, giving them a clear and concrete meaning rather than a merely abstract and conceptual one. The doctrines of punishment make the mistake of isolating the phenomenon of punishment from the set of forms that surround it. It concludes that the penal response must be based on an appropriate symbolic re-signification, which should not be alien to the community