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The State has the penalty as a criminal reaction against the crime, and the purposes and function of the penalty has evolved recognizing the principle of humanity and dignity of people, therefore the penalty cannot have a utilitarian and retributive nature, but rather that it must fulfill general and special prevention purposes, and more than anything, respect the dignity of the convicted person, and for this, legislation like ours has been in charge of enshrining principles, basic postulates, although for a long time, there has been a gap between the what the law and reality say, because although some policies have been established, the truth is that the serious prison situation is worrisome due to prison overcrowding
