The Position of Interpretation in the Criminal Law of Iran and England

Authors

  • Mahmoud Rouholamini Shahid Bahonar University of Kerman
  • Alireza BarkhoriMehni Electronic Branch, Islamic Azad University
  • Mohammad AminZadeh Shahid Bahonar University of Kerman

DOI:

https://doi.org/10.24200/jsshr.vol3iss03pp20-25

Abstract

The main objective of this study was to examine the judicial interpretation of the criminal law and the UK. Methodology: The research method in this study is a compilation of the analytical method.In this study, we reviewed the legislative history and the current laws in Iranian law and international law, as the events that happened to be addressed. Results: The findings suggest that the narrow interpretation of Iran's rights as a result of the principle of legality of crimes and punishments, in most cases, to be interpreted in favor of the accused emerges. Principles such as "the legality of crime and punishment and the presumption of innocence are the most important principles of interpretation. The use of broad interpretation of criminal law restricted interpretation is very weak and only if it is used to interpret the benefit of the accused. Narrow and broad interpretation of the origins rooted in the science of law and jurisprudence can safely be said that such a title is no independent status. The interpretation of concepts such as the presumption of innocence, integrity and the principle of Abahh is highly adaptable and can be studied under this title. In English law, but more in the way of words and text descriptions to interpret the law Myprdaznd.az they must respond to events. Conclusion: The meanings of words and phrases common law must carry conventional notions Nmvd.qsd legislator and the spirit of the law is paid to compensate for the defect and Skvthay Ast.prkrdn legal vacuum and it is not the court, because the work, instead of sitting judge and legislator blatant usurpation of legislative authority to rewrite the law to the judge considered. 

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Published

2019-08-10

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