Measures Considering the Occurrence of Crime Factors in Individuals

Abstract

This study examines preventive measures addressing the factors leading to criminal behavior as one of the principal mechanisms adopted by modern criminal policy to prevent crime before it occurs. Contemporary criminological studies have demonstrated that punishment alone is insufficient to combat criminality, making it necessary to address the psychological, social, economic, and health-related factors that contribute to criminal behavior. Accordingly, modern legal systems have introduced preventive and rehabilitative measures directed at individuals who are vulnerable to delinquency or who exhibit indicators of criminal dangerousness. This research aims to define these preventive measures, examine their legal basis, and analyze their role in reducing criminal dangerousness. It further explores the positions of the Iraqi and Algerian legislators concerning their regulation and implementation, as well as the judiciary's role in selecting the appropriate preventive measure. The study adopts a comparative analytical methodology based on legal texts, criminal law doctrine, and judicial practice in Iraq and Algeria. It concludes that the effectiveness of preventive measures depends on flexible legislation, specialized correctional institutions, and effective cooperation between judicial, social, and health authorities, thereby achieving a balance between protecting society and safeguarding individual rights and freedoms.