Author(s): Esraa Dhafer Abdul Hameed

Abstract: Within the realm of criminal legislation, precautionary measures are implemented as a type of criminal punishment with penalties, to rehabilitate the guilty individual. This function is common to both punishments and measures, to facilitate and support the rehabilitation of the offender, reintegrating them into society, and eliminating the barriers that impede their reformation from a criminal lifestyle. The credit for the inception of precautionary measures is attributed to their efficacy in countering criminal activities.The fundamental purpose of preventive measures is to address the criminal risk presented by the individual. Precautionary measures aim to avoid harm; however, they may lead to the restriction of one's freedom. Instead, their primary concentration lies on the personal peril presented by the wrongdoer. Hence, the calculation of these measures is focused on the forthcoming events rather than the past, to avert those who present a threat from engaging in future criminal activities. The objective is to eradicate this peril and safeguard society from its detrimental effects, hence assigning sanctions a role in accomplishing targeted deterrence.Preventive measures are implemented on the individual criminal, irrespective of the broader goals of deterring others and ensuring justice, which focus solely on the punishment and do not include additional measures. Due to the specific criminal threat and the ever-changing nature of preventive measures, they must be taken into account while making a judgment. Identification and determination can only occur at the moment of pronouncing the punishment, and the relevant text at that point must be strictly enforced, disregarding the text that was in effect at the time of committing the offense.The judge has the power to exercise discretion in selecting the suitable course of action, considering the changing level of threat presented by the guilty person and the surrounding circumstances. This is done to guarantee parity in the objectives of both penalties and measures, given that both are types of criminal sanctions in various legal systems.

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