Punishment and precautionary measures

Abstract

This study addresses the issue of the relationship between precautionary measures and criminal punishment. It addresses the issue from two prospections; first, it highlights the question as to whether it is possible to apply one of the above-mentioned components to the exclusion of the other in order to limit criminal risks. Second, it addresses the issue of a combination of precautionary measures along with criminal punishment especially in controversial cases where by the judge have been granted the authority to deal with. Thus, this study deals with the problem at two levels; first, it addresses the concept and meaning of precautionary measure types and the conditions/circumstances for their application. Second, the study deals with the purposes of precautionary measures and their relationship with criminal punishment including the Jordanian legislator’s stance from all of this. The study has concluded that criminal punishment and precautionary measures are directly related and inseparable from each other in dealing with criminal risk. Therefore, precautionary measure can have a great impact concerning criminal acts control as well as criminal correction and rehabilitation, which will lead to accommodating the criminal to go back to normal life as every other normal healthy citizen.