Retribution as Moderation: Thinking about Offence and Offender in Criminal Justice
This article examines the paradoxical effects of the new Belgian penal code, which, despite its ostensibly humane approach, reinforces a control-oriented penal practice. The omission of retributive justice from the official sentencing objectives reflects a conceptual misunderstanding of retribution. We argue that a proper understanding of retributive punishment is essential for a humane and proportional justice system. The article critiques the consequentialist logic of the new penal code, which prioritizes risk management over proportionality, leading to longer and more uncertain sentences. We further demonstrate that a purely non-retributive penal system ultimately erases the offender as a meaningful moral subject. As an alternative, we propose a theory of punishment based on symbolic identification between the act and the offender. This perspective not only restores the legitimacy of proportional sentencing but also inherently contains moderating elements that can prevent excessive punishment. The article concludes with reflections on the implications of this approach for Belgian justice policy.