The Impact of Criminal Dangerousness on Criminal Penalties

Abstract

The theory of criminal dangerousness emerged in modern penal policy and has been the focus of criminal legal studies to understand the reasons that drive criminals to commit crimes. The objective is to work to mitigate these reasons through the application of appropriate criminal sanctions adapted to the circumstances of each offender, to rehabilitate them and reintegrate them into society as responsible citizens. Criminal dangerousness is a psychological state or attribute closely associated with the offender, which indicates the possibility of committing another crime in the future. Without a doubt, this topic poses many challenges in terms of the personality, inclinations, emotions, and reactions of the individual, which are reflected in his outward behavior. Addressing the hidden criminal danger in the offender has been achieved through legal texts in which the legislator considers the presence or absence of criminal danger in the authors of the crimes. Additionally, judges have been given discretionary authority to consider the personality of the offender and reveal criminal dangers. Finally, the execution of criminal sanctions in reform and rehabilitation centers also contributes to effectively confronting criminal dangerousness.