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In recent history, there has been an important progress in brain sciences. Despite the new discoveries in contemporary neuroscience, particularly in the role of the frontal cortex in the control of behavior and emotions, the traditional paradigms of the criminal justice system remained unchanged. In this paper, I will analyze some recent theories in the subject of free will, specifically Robert Sapolsky contribution to the matter, and the way this contribution can be used for a better understanding of the criminal act. Furthermore, I will focus on the concept of punishment in the light of these theories.