Criminal Evidence in Preventive Criminalization

Omer, Djwar Ahmad Piramis; Shaabu, Fatima Suleiman Khalil

doi:10.63677/jqlap.2025.187069

	Criminal Evidence in Preventive Criminalization
AL-Qadisiya Journal For Law and Political Sciences
Article 13, Volume 16, Issue: 1 part 2, June 2025, Pages 287-322 PDF (1.41 M)
Document Type: Research Paper
DOI: 10.63677/jqlap.2025.187069
Authors
Djwar Ahmad Piramis Omer^* ¹; Fatima Suleiman Khalil Shaabu²
¹College of Law/Department of Law University of Dohuk
²Kurdistan Region - Iraq
Abstract
Preventive criminalization is a modern legal concept that adopts a criminal policy aimed at preventing crimes before any material or actual harm occurs. This approach is based on criminalizing certain actions that are considered potential threats to legally protected interests, such as the human right to life and physical safety. However, there are several challenges facing legislators and criminal justice systems in implementing preventive criminalization. One of the most prominent challenges is that, in some cases, the legal texts governing preventive criminalization may be unclear or overly broad, leading to varying interpretations that could harm the application of justice. Additionally, assessing potential risks and balancing them against personal rights and freedoms is complex, as preventive criminalization may conflict with individual rights and personal freedoms. This is because preventive criminalization requires intervention in individuals' behaviors before it is proven that they have committed an actual crime, which could lead to unjustified restrictions on personal freedoms. Furthermore, there is the issue of determining criminal intent in preventive crimes, as some legal applications require proving specific intent, making it more complicated and difficult to establish the accused's criminal intent. To address these challenges, we propose that the Iraqi legislator enact precise and clear legislation related to preventive criminalization, while ensuring the protection of individual rights. Intervention should only occur in cases that pose a genuine threat to public security, and individual freedoms should not be infringed upon except in necessary circumstances.
Keywords
Criminal; Evidence; Preventive; Criminalization; Burden Of

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