Right now is posible to issue a badge that is not active and has no criteria selected using the badge API.
If we click on 'Add new badge' on the 'Manage badges' section, fill the form and click on 'Create badge' then we have a non active badge with no criteria (yet) selected. If then we instantiate this badge with:
and we do:
it issues the badge to the user without checking status of this badge.