The article analyses the simultaneous co-existence of both forms of social control in criminal law (Tatstrafrecht and Taterstrafrecht) with regard to the role of neuroscience therein. Based on the assumption that law generates stability of expectations, the article examines the resulting limits to preventive measures of policing and punishment, and thus neuroscience. Free will is shown to be a product of social order. More specifically, the legal subject (Rechtssubjekt) is a necessary form for governing through law. It is only when this functioning of law is not assured that neurosciences are used to treat the "natural criminal".