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Consideration of remorse for a crime in modern law

שו”תCategory: generalConsideration of remorse for a crime in modern law
asked 5 years ago

Have a good week Rabbi,
A case was recently published about a man who established a striptease company that also provided prostitution services, sometimes to women on the verge of legal adulthood (age 17). The indictment attributes to him the offenses of multiple cases of bringing a person into prostitution, bringing a person into prostitution under aggravated circumstances (taking advantage of financial hardship), pimping and supplying drugs, multiple offenses of exploiting minors for prostitution, obstruction of justice under the Narcotics Ordinance, and a host of other offenses. This man converted religiously during the process of gathering evidence against him (before he even knew that the police were aware of his actions), and he stopped all of these prohibited activities. In Tractate Makot, Rashi claims that even someone who confesses to murder is exempt from punishment because the confession is an indication of repentance and remorse, and such a person should not be punished. My question is whether even in modern legal systems it makes sense to treat criminals who clearly have ceased their evil deeds out of genuine remorse (and not in order to escape punishment), as “different” people from the people who committed the offenses, and therefore exempt them from punishment. Or perhaps because the consideration of deterrence by others still exists, he should still be punished.
Best regards,


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מיכי Staff answered 5 years ago
I think that if it is clear that a person has truly repented and it is clear to everyone, there is no reason to punish him. The question is when can this be certain for us. Perhaps even without complete certainty, it makes sense to waive the punishment because then it encourages people to repent. This is a positive result, which the punishment itself will not bring about. Of course, one must be careful of deceptions for the purpose of reducing the punishment. Specifically here, I’m not sure that repentance in the religious sense is repentance in the criminal sense. The person sees his actions as a religious problem, but I’m not sure that he also sees them as a civil-legal problem. Therefore, one should be careful not to interpret a situation like the one you described as a situation of repentance. Here, civil repentance (subordination to the law) is required, not just religious. The punishment is given for this and not for the moral-religious matter.

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