The Role of Preventive Measures in Criminal Policy: A Comparative Study between Iraqi and Iranian Law

Abstract

Precautionary measures are among the most important mechanisms adopted by modern criminal policy in confronting criminal dangerousness. Their function is not limited to deterrence and punishment but extends to prevention, rehabilitation, and protecting society from the risk of recidivism. The importance of this topic lies in its reflection of the shift from the traditional concept of criminal sanctions, based solely on punishment, to a more comprehensive concept that balances the interests of society with guaranteeing individual rights. This study aims to clarify the position of precautionary measures in criminal policy through a comparative study between Iraqi and Iranian law, analyzing the theoretical and legislative foundations upon which this system is based in both legal systems. The study adopts a comparative analytical method by analyzing relevant legal texts in Iraqi and Iranian legislation, highlighting the similarities and differences between them regarding the concept of precautionary measures, their types, conditions for application, and the guarantees established for them. The study also seeks to evaluate the effectiveness of these measures in achieving the goals of criminal policy, particularly in reducing criminal dangerousness and achieving social security. The study concludes that both the Iraqi and Iranian legislators have given notable attention to precautionary measures. However, there is variation in legislative regulation and the scope of discretionary power granted to the judge, in addition to differences in the level of legal guarantees established to protect the rights of those subject to these measures. The study also highlights the need to develop the legal framework for precautionary measures in line with the principles of criminal justice and human rights, achieving a balance between the requirements of social security and the preservation of individual freedoms. In light of this, the study concludes with a set of findings and proposals that would enhance the preventive role of precautionary measures and activate their position in criminal policy, especially in light of contemporary criminal challenges.