Abstract
Many research are devoted to the goals of punishment’s issue. Some authors are in favor for the aggravation of a penalty, while others are in favor for the penalties of a more lenient type that are aimed at rehabilitating the offender and enabling him to return to society. Still, the superiority of punitive or liberal criminal policies has not been scientifically proven. In economic analysis of law the concept of the optimal level of crime becomes more popular nowadays. This concept depreciates the perception of the objectives of criminal law, which are combating and preventing crime. The aim of the article is to demonstrate that a given concept is based on the incoherent assumptions vitiating aims of criminal law and policy, thus cannot be implemented.
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