From Danielle Weitchner:
How can Beit Din punish criminals, isn't that Nekama?
Two thoughts (without researching the topic)
1) You could say that the issur of "lo tikom velo titor" is directed to individuals, and not to beit din.
2) True nekama, revenge, is when a person does something to her friend just for the sake of spiting her. There is no constructive purpose to the act. However, Beit Din punishes criminals for a purpose (there are different perspectives as to what that purpose is: to get the person kapara, to prevent more crimes from happening/keep order in society, etc.) Therefore, I don't think that when Beit Din punishes people it is would fall under the category of nekama.
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