Drawing the scope of "Justice-based interpretation" in Criminal Law in the Light of the Logic of Criminal Law
Justice is one of the most important demands of humanity, and the hope of realizing it is more in the courts than anywhere else. Citizens expect the statute to be implemented fairly and for all people, but it is known among jurists that in many cases, the fair implementation of the statute depends on a fair interpretation. While justice-based interpretation has been a topic of discourse in civil law, this article probes into the possibility of extending its applicability to criminal law.? Despite the superior principles of interpretation in criminal law (such as the principle of narrow interpretation, interpretation for the benefit of the accused, etc.), the question arises: Can justice-based interpretation find a place within the logical framework of criminal law? If the answer is positive, what are the conditions of justice-based interpretation in criminal law? The article hypothesizes that in criminal law and the light of its legal logic, it is possible to have a justice-based interpretation of the relevant statutes, but in this direction, the judge must use fair capacities such as the principles of interpretation of criminal statutes that are in the constitution and ordinary statutes or even doctrine opinions The article asserts that the expression “justice-based interpretation” should not be invoked independently and for a subjective interpretation.
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