Free will and lack of free will is not relevant, I think. The argument about predetermination is also wrong, because even if something (or everything) is prede

Free will and lack of free will is not relevant, I think. The argument about predetermination is also wrong, because even if something (or everything) is predetermined, they follow certain patterns, e.g. when someone asks a question, someone else may answer it, and when stones fall, they will fall according to the gravity, etc. So, your "intention" is also one of these patterns (possibly an emergent one, but still it is one either way). (In my opinion, criminals should only be punished if they actually committed the crime (sometimes mistakes can be made, so you should make sure) and are likely to do again and the punishment is sufficient to avoid repeating it, or if it will reverse whatever problem they caused (e.g. if they stole something, to give it back, or someone will steal it back). (In some cases all of these criteria will apply, but not always. Also, revenge does not generally solve it.))