Frumnotyeshivish
Rav Dessler was saying that from the perspective of bechira which is something that is between Hashem and man and no human knows or can know where any other persons bechira is holding so he may not be held responsible in Hashems eyes. However in a court of law both Beis Din or a non Jewish court there is an obligation to try him and punish him accordingly. Nobody can walk into beis din and say sorry, this was below my nekudas habechira.