Anticipatory Criminal Prevention. A Complex Paradigm of the New Criminal Law

Abstract

This article analyzes the current problems of the implementation of Anticipative Criminal Prevention. This is a strong example of the advancement of the punitive barrier to situations that lack a factum subject to criminal reproach or harmfulness. What is intended to be sanctioned is, through a general negative prevention, the threat of carrying out certain activities that are socially categorized as dangerous. Anticipatory criminal prevention is not coupled with the guiding principles of criminal law. The problems are evident both in substantive and procedural matters and their consequences are detrimental to the fundamental rights of citizens and the general principle of the last ratio of criminal proceedings.