The criminal is only responsible for breaking the law, the only thing he had control over before he was caught (assuming he was caught for the sake of argument). We as society are responsible for dealing out the punishment.
How could the criminal be responsible for the punishment when he is not the one inflicting it on him/herself.
edit: To make my argument slightly easier to understand I'm going to give an extreme example
Let's say it's illegal to be a certain religion. Is it the insert religion here person's responsibility that he is punished and sent to a death camp?