But popa, what do you do about the issue of La’av she’ein bo maaseh, eino lokin olov? Here we are talking about a “thought” crime, or a refusal to do something, not an actual maaseh. Kal v’chomer if it is not an adjudicated la’av, how can beating be permitted?
Sorry, I wasn’t aware we were talking about particular cases. I thought we were talking in general about the notion of forcing compliance through physical threat and coercion.
But, if you want to talk about things which are not chayav malkus, the gemara also says that beis din can force whatever they want through whatever means they want, if they think there is a more widespread problem.