How and conditions of interpretation in general law and criminal law
Publish place: 17th International Conference on Legal and Judicial Studies
Publish Year: 1402
نوع سند: مقاله کنفرانسی
زبان: English
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شناسه ملی سند علمی:
IJCONF17_029
تاریخ نمایه سازی: 7 تیر 1403
Abstract:
Interpreting the law is primarily one of the prerogatives of the judge at the stage of issuing a sentence. The main purpose of this research is to investigate the manner and conditions of interpretation in general law and criminal law. The research method in this project is descriptive-analytical. The findings of this research showed that, in civil matters, according to Article ۳ of the Law of Procedure of Public Courts and the Revolution in Civil Affairs, judges are allowed if the relevant laws of the country are not complete or clear, or are contradictory, or in principle there is no law in the case at hand. agree to the spirit and provisions of the relevant laws and the established customs and habits of the case. Therefore, the interpretation of the law is of little importance, but in criminal matters, the interpretation of the laws is more important, the same causes and directions that cause the difference between criminal law and its goals with other fields of law, cause big differences between the interpretation of criminal laws and other laws. would have existed.
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Authors
Anahita Roohnikan
Master of criminal law and criminology