CIVILIZED CRIMES
I have already stated that there are two “natural” crimes: homicide and rape. One might call it simplistic or overly positivist to end the list there, especially when the world looks more like a room in hell than a garden under a rainbow.
Consider this: living entails accepting an immensity of rules—thousands upon thousands of them. If I had to guess a number, we are ignorant of about 90% of them. Yet there they are: the criminal offenses, eager to fall upon any human being. Of course, the machinery of reducing a life is much simpler if the person receiving the weight of the load cannot afford a good lawyer.
To summarize: every crime that is not “natural” is a degeneration of the very walls—those thousands of rules—that the system imposes upon us. Does this absolve a person of their responsibility? Legally, no. Morally? We shall see.
Moments after leaving the womb, we begin to receive all kinds of labels and rights; we become “subjects of law.” Put simply: our lives immediately fall under the authority of law, and since nationality is specific, we live for the State. Of course, there is a “good” part: the mandatory care we receive. But all of this—especially the part regarding our humanity—is pure theory. Whether health care is of high or low quality depends on a government’s policies. The same goes for education, opportunities, growth, and the acquisition of a basic roof: it all depends on the government, the State.
Let this be clear: the need for laws, legislators, and controls is, in theory, humanistic. It is humanity trying to care for itself. It is the closest thing we have to collective human concern, and it is the best thing we have as a species—our greatest evolutionary action. The problem is that, unfortunately, the theory of rights and obligations is not applied with the certainty of a mathematical equation. No political framework survives a single day of reality.
Thus, at birth, our signature is already on a contract—the famous Social Contract. It is, of course, an imposition we never signed. I wouldn’t mind that imposition if there were no impunity for one of the parties. So, what does this have to do with “civilized crimes”?
Centuries ago, a criminal’s body was dismembered in the public square. Not much would have changed today, considering how people think, if it weren’t for criminal defense lawyers (and we should be truly grateful they exist). But things changed. There were multiple causes for this shift; one was to avoid riots that could escalate—family and friends of the mutilated man on the scaffold wanting to take the city (or the King’s head). As human sensitivity evolved, we got Beccaria’s treatise: On Crimes and Punishments. It theorized how to exercise justice without becoming a criminal in the process. The State could no longer project that image of itself.
Justice and punishment slowly evolved into what we have today. And a crucial part of this evolution is, for example, public health. It isn’t so much humanistic as it is productive: it is cheaper to heal an employee than to train a new one. The system becomes even more efficient if the employee pays for their own cure, comes to work sick, and keeps producing.
But what about the “civilized crimes”?
On one hand, we have a contract where the main unwritten rule is: we give you our lives and we obey the State in exchange for a variety of guaranteed rights. Is this fulfilled? Clearly not. And it is the State that fails. This failure strips the State of the moral authority to demand obedience to its laws, whatever they may be.
Look at this: criminal offenses—the crimes the State watches over so that no one commits them—increase year after year. They advance alongside technology, but they always advance. Rights do not. In fact, there is a global phenomenon where basic rights matter less and less. The State no longer feels obligated; or rather, it is no longer ashamed to admit that citizens cannot even begin to afford the rights that the State is supposed to safeguard.
Prohibitions continue to expand. Police forces are given greater authority, more reach. The reins are loosened for prosecutors—and let me be clear: no prosecutor has the intellect that their title suggests. A prosecutor is nothing more than a piranha with a manual for verifying human conduct. They even carry out raids without warrants signed by judges (this happens constantly in Argentina).
This evolutionary transformation created a mountain of crimes to kill off any kind of parallel organization and to annihilate any irreverence that threatens the State’s survival. Every State is a machine that is hard to stop. When it invents a “just” law, it gets intoxicated by its hunger for control and extends the penal reach to crush the pressure generated by economy and inequality. Moreover, it makes the social mass its debtor: IF YOU COMMIT A CRIME, YOUR DEBT IS TO SOCIETY. What a mask!
Therefore, the invention of any penal type that does not target a natural crime (murder, rape) is, over time, a form of State self-protection. Knowing this, let us return to the Chef. His siblings were raped; he was raped; he was exploited as a child. Why didn’t the State safeguard his rights? Why didn’t society do something? Do we not “tear our clothes” in mourning over injustice?
It’s a fairy tale. I ask: did the State fulfill its contract?
I saw so many hateful comments from strangers on social media when the news of the raid broke. I cannot understand or justify the existence of those people. Beyond what the Chef must pay legally: what does society demand? Ethics? Morality? I say it again: I watched them condemn a man using all the rules and all the muscle of a system into which he was never included, never invited. And let’s not forget: he was condemned for selling drugs to consumers within that system. But consumption is not a crime; it doesn’t scale into an organization that threatens power—it only threatens the consumer’s own life. And if we speak of ethics and morality: the individuals within the system, at every hierarchy, are the consumers of the most broken-down, slum-born dealer you can imagine.
This is also a farce. Do you know how many people in their 30s, 40s, or 50s scam their families, siblings, and parents economically and morally? Millions.
But here is my specific conclusion: the one who fires the first bullet is more guilty than the one justice condemns with fanfare. Beyond the ego-centrism of the State, those with the primary responsibility failed first: the parents.
Every mother or father who abandons a child delivers a problem to the world and condemns a soul. They are the ones who should be in prison. But we aren’t looking for justice; we are looking for propaganda. The perfect steps, the flashing cameras, so everyone can see the machinery working while an illiterate man reaches the final stop on this great path to prison.