Document Type : Original Article
Authors
1
phD student in Criminal Law and Criminology, Islamic Azad University, Yazd Branch, Yazd, Iran
2
Assistant Prof, Department of Law, Faculty of Islamic Studies,Meybod University, Meybod, Iran
3
Assistant Professor, Department of Criminal Law and Criminology, Islamic Azad University of Yazd, Yazd, Iran
Abstract
Judicial interpretation is one of the methods of interpretation of the law, in which the judicial authority interprets the provisions of the law by studying a legal article, using different methods to resolve a dispute, and in other words, chooses an interpretation to preserve the same text of the law. and can somehow achieve the ultimate goal of the legislator. In legal affairs, the judicial authority does not face any special limitation for interpreting a law, but when the discussion of criminal laws and subsequently the punishment of a person is raised, a special framework for interpretation emerges. The principle of legality of crime and punishment, the principle of acquittal, the narrow interpretation of criminal laws and the interpretation in favor of the accused are the most important frameworks for interpreting the law, and the judicial authority should interpret the legal article by considering these principles. But sometimes the judicial authorities go to extremes or make miscalculations in the use of some these principles in such a way that when they come across an incomplete or ambiguous law, they immediately cling to the principle of acquittal and narrow interpretation and acquit the accused; Although this method has merits in many crimes, but in some crimes, including economic crimes, where the legislator's view is strict and as a result, the occurrence of such crimes creates sensitivity among the people, the view and method of the judicial authority should be in the interest of the society and It should also include the protection of the rights of the Treasury and not in such a way that people make a mockery justice and fair judicial proceedings committing economic crimes and avoiding legal loopholes.
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