Danger and preventive criminalization in contemporary criminal thought

Abstract

This study examines preventive criminalization in contemporary criminal policy through an analysis of risk as a basis for anticipatory criminal intervention and the tension it creates between security needs and human rights guarantees. It argues that the shift from criminalizing harmful acts to criminalizing potential risks reflects a deep transformation in the philosophy of criminalization, while simultaneously threatening core principles of criminal legality such as responsibility, the presumption of innocence, and limits on state punitive power. The study finds that excessive reliance on vague probabilistic assessments undermines legal certainty and turns criminal law into a tool of risk management rather than rights protection. It emphasizes that the legitimacy of preventive criminalization depends on adherence to necessity, proportionality, and individualization, coupled with effective judicial oversight. The study concludes that sustainable security requires restraining criminal intervention and maintaining a balance between societal protection and individual freedom.