The reactive response pattern of criminal policy custodians is the manifestation of the goals of penalization; accordingly, determining punishment and its implementation in the field of criminal policy, through the development of sentencing guidelines and ultimately sentencing based on criminological , penological, human rights teachings, has been the focus of attention of criminal policy makers. Today's criminal policy is simultaneously influenced by democracy and authoritarianism. Accordingly, differential penalization refers to the ability to correlate and crystallize positive and negative approaches to punishment by benefiting from the integration of a freedom-oriented or security-oriented strategy in criminal policy, that is, a continuum of civil society participation with executive branch institutions and law enforcement networks that emerges from the combination of freedom-oriented with realistic authoritarianism to ensure social security. Therefore, depending on the case, a fluctuation of the contraction and expansion of the ideas of freedom, equality and power and the combination of different variables in punishment is formed. Studies show that differential penalization in criminal policy, influenced by democracy, considers social capital as an extension of collective action and, by taking advantage of the dominance of the minimalist perspective and fair rehabilitation of criminals, on the one hand, and the retributive approach of the authoritarian model by legitimizing repression, deprivation of social rights and disabling the offender on the other, organizes the legal system of criminal policy in differential penalization.