If you consider the great reform carried by the ideas of Cesare Beccaria into the criminal justice of the Middle Age, you will see that the great classic school represents but a small step forward, because it leaves the penal justice on the same theoretical and practical basis which it had in the Middle Age and in classic antiquity, that is to say, based on the idea of a moral responsibility of the individual.

Hence they accused Beccaria of being the protector of robbers and murderers, because he wanted to abolish the only means of compelling them to a confession, the torture.

No one, from Beccaria to Carrara, has ever thought of this problem, and they could not have asked it, considering their point of departure and their method.