The Position of Interpretation in the Criminal Law of Iran and England
Publish Year: 1394
نوع سند: مقاله ژورنالی
زبان: English
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شناسه ملی سند علمی:
JR_UJSSHR-3-3_005
تاریخ نمایه سازی: 4 خرداد 1395
Abstract:
The main objective of this study was to examine the judicial interpretation of the criminal law and theUK.The research method in this study is a compilation of the analytical method.In this study, wereviewed the legislative history and the current laws in Iranian law and international law, as the eventsthat happened to be addressed. The findings suggest that the narrow interpretation of Iran's rights as aresult of the principle of legality of crimes and punishments, in most cases, to be interpreted in favor ofthe accused emerges. Principles such as "the legality of crime and punishment and the presumption ofinnocence are the most important principles of interpretation. The use of broad interpretation ofcriminal law restricted interpretation is very weak and only if it is used to interpret the benefit of theaccused. Narrow and broad interpretation of the origins rooted in the science of law and jurisprudencecan safely be said that such a title is no independent status. The interpretation of concepts such as thepresumption of innocence, integrity and the principle of Abahh is highly adaptable and can be studiedunder this title. In English law, but more in the way of words and text descriptions to interpret the lawMyprdaznd.az they must respond to events. The meanings of words and phrases common law mustcarry conventional notions Nmvd.qsd legislator and the spirit of the law is paid to compensate for thedefect and Skvthay Ast.prkrdn legal vacuum and it is not the court, because the work, instead of sittingjudge and legislator blatant usurpation of legislative authority to rewrite the law to the judgeconsidered.
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Authors
Mahmoud Rouholamini
Shahid Bahonar University of Kerman, Kerman, Iran
Alireza BarkhoriMehni
Electronic Branch, Islamic Azad University, Tehran, Iran
Mohammad AminZadeh
Shahid Bahonar University of Kerman, Kerman, Iran