Human behaviour and the criminal penalty

Taking into account that the offender man is a normal man, endowed with free will, he has the possibility to choose between two variants – to infringe the criminal law or to obey this law –, we considered that our study should have to start with the analysis of unoffender man’s behaviour, man’s behaviour in general, for identifying the mechanisms that influence man’s behaviour and then to transpose them at offender man’s level. Human behaviour is only to a certain extent hereditary predetermined, because at birth the child has some „natural predisposition” but, later on, under the influence of the environment (including education) they transform into psychic, personality traits, which will direct the behaviour. We opinion that should be identified the specific educational means with which to be combated the negative influences of the „hereditary gift””, imposing the elaboration of a juridical (legal) pedagogy, discipline that would be in a position to analyse such offenderful personalities and to propose the most adequate educational methods.