From a philosophical point of view, the question of the fair measure of the punishment is related to that of justice. Considering the philosophy of criminal law, a law that sanctions, we explain the conceptual reasons of such a relation. We examine the role of punishment, its fairness and institutional staging in societies under the rule of law : the State appears to be the only guarantor for an objective measure of the punishment that prevents individuals from passionate anger. In such a context, the victim cannot take revenge because revenge is not allowed. The measure of the punishment acts against excessive violence. The punishment itself is the visible side of law and contributes to assure its normative force. Is not proving the fairness of the punishment reinserting the victim into social order ?