Criminal confrontation of social danger and constitutional balance

The criminal confrontation for social seriousness and the constitutional balance

Abstract

This research considers means of the criminal law in facing the gravity of a person did not commit the crime yet, but his personality reflects about the potential risk for committing a crime, we called this kind of risk "social risk" to distinguish it from the criminal risk that emerged after the committing the crime. This research shows that the means of law to face of this kind of risk could be either a criminal means by imposing a criminal sanction on those who have such this seriousness as a criminal like others who commit the crime, or by imposing preventive and non- criminal procedures on the basis that such person has not committed the crime yet. This study has examined these methods that deal with the social risk, and explained that the first means contradicts several constitutional principles in relation to human rights. So, the second means which call to impose preventive measures is the ideal way to deal with this issue to guarantee the rights and freedoms of individuals, and as well it demonstrates duty of the government towards the society.