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刑法最基本的功能在于处罚犯罪,保护法益。自古以来,人们最单纯的观念在于:一旦有罪,必将有罚。刑罚的威慑性使人们欲伸出犯罪之手时须谨慎思虑。而在纷繁复杂的社会生活中,有些犯罪,例如有不良人格或缺陷人格的人,其犯罪的原因多数由外部环境所刺激,并非自由意志。但是法的命令要求每个人都服从于法律,有不良人格的人也不例外,不过在触犯最高刑时应谨慎适用。
The most basic function of the criminal law is to punish crime and protect the law. Since ancient times, the simplest concept of people is that once they are guilty, they will be punished. The deterrent of punishment makes people think carefully when they want to extend the hand of crime. In the complex social life, some crimes, such as those with bad or defective personality, are mostly motivated by the external environment rather than free will. But the law’s order requires everyone to obey the law, and those with unfriendly personalities are no exception, but should be cautiously applied when committing the highest sentence.