Human Act Precedes Human Being': Anwar Frangi's Revolution in Penal Law A First-Time Exposition of Frangi's Creological Penal Justice and 'Kinetic Justice'

This article presents the first systematic exposition in English of Anwar Frangi’s Creological theory of criminal justice. Frangi’s penal theory is a radical departure from classical, neo-classical, and modern penal doctrines. Where classical theory grounds the legitimacy of crimes and punishments in the social contract, and utilitarian theory grounds it in public utility, Frangi grounds it in "the nature of the human act itself". Frangi’s theory is built on a single axiom: “The human act precedes the human being, even though it comes from the human being.” From this axiom, he derives a complete penal system: a new standard of punishment (“Kinetic Justice”), a new function of punishment (the completion of the movement of the human act), a new theory of criminal liability (net transgression after deducting the transgression of the legislator, the judge, and society), a new theory of criminal dangerousness (the interaction between creative activity, restriction, and effort), and new procedural measures (rehabilitating the movement of the human act first, deducting societal stigma, and excluding the first transgression from punishment). The article draws on seven previously untranslated excerpts from Frangi's Criminal Creology (1983, 2015). Part I provides a line-by-line commentary on these excerpts, establishing the textual foundation of Frangi’s theory. Part II offers a systematic analysis of the theory, comparing it with classical and modern penal doctrines, formalizing its calculus of punishment, and exploring its implications for legal reform. The article concludes that Frangi’s Creological theory constitutes a genuine revolution in penal thought, shifting the foundation of criminal justice from the person to the human act itself. Keywords: Anwar Frangi; criminal creology; criminal justice; penal theory; human act; transgression; creation; effort; criminal liability; criminal dangerousness; decriminalization; social contract; Beccaria; Bentham; Kinetic Justice.