It’s not a question of moral relativism. You’d have to argue that any behavior is a crime in order for it to be legitimate for perpetrators to suffer consequences. Otherwise, it is wrong that someone should suffer consequences, all else equal.
I like nachos. Tomorrow I might not like nachos. It is wrong in any society if my liking or disliking of nachos results in me being killed, bullied, shamed, etc. Any society that claims a right of legitimacy to impose social norms in this way on the liking or disliking of nachos is a morally wrong society. There’s no debate about this. You can either argue convincingly that nacho preference is a crime, or else any attempt to treat it like a crime is wrong.