عنوان مقاله [English]
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.
In the interpretation of civil and criminal statutes, practical and well-known principles such as the principle of citing authentic jurisprudential sources in civil matters, the principles of the legality of crime and punishment, and narrow interpretation in criminal laws are used by judges and jurists and even in some cases the opinions of the courts with Citations are issued based on these principles. But another method of interpretation, called interpretation-based justice, can be proposed and investigated. The purpose of this kind of interpretation is for the interpreter to reach a fair conclusion by scrutinizing the apparent meaning of the statute and supporting the person who is subject to the statute. Justice-based interpretation has been mostly discussed in civil law; therefore, the main question of this article is whether justice-based interpretation is applicable in criminal law as well. If we consider such an interpretation method acceptable in criminal law, it should be examined whether the way and scope of justice-based interpretation are the same in each civil and criminal law. Alternatively, if there are similarities, there may also be differences between them.
The research method in this article is descriptive-analytical, with data collected from library sources.
Results and Discussion
First, it should be noted that in civil law, there are two different approaches to interpreting the statute (law). According to one approach and considering the inherent validity of the statute and its independent identity, what is important in the interpretation is the correctness of the result, not its fairness, and the correctness of the result depends on compliance with the statute (even if the result of the interpretation is not fair). But in The other approach, Although the statute is accepted as the most important source of law and it is necessary to respect it, the jurist is Still obedient and subservient to the statute, but in the name of justice, he wishes for his ideal to become statute. At the time of interpreting the statute, the jurist should interpret it in such a way that at least a part of the justice and the desired interest is observed, and therefore the interpreter of the statute should find a way the influence justice into the government system instead of looking for the will of the legislator.
The interpretation based on justice in criminal law can be either subjective and absolute or systematic and objective.
Important foundations for absolute justice in interpretation include 'trust in the interpreter' and the 'personality of the interpreter' which ensures the fairness of his interpretation. Although both bases are independent, they are not unrelated to each other. However, in the approach to absolute-based justice interpretation, discussing the logic of criminal law seems like baseless words, because the logic of law is a systematic matter and to achieve it, one should get help from related tools.
However, discussing justice-based interpretation in the context of the logic of criminal law is possible when the judge and the interpreter employ the capacities of legal justice and superior principles of interpretation in criminal law. In the systematic and objective approach of interpretation-based justice, to perform a fair interpretation, other interpretive principles should be used and considering interpretation-based justice independent, as a separate interpretive tool and used by the judge to issue judgments, for criminal rights and to reach The valuable goals pursued in this field will be very dangerous and the interpreters of criminal law must pay attention to this important issue.
The judge cannot give a verdict of guilt by making an extensive interpretation of the behavior that there is doubt about its criminality. If there is ambiguity in aiding a criminal from an institution favoring the accused, the judge and interpreter cannot interpret such ambiguity to the detriment of the accused and deprive him of such an institution, although the judge in both cases, considers his interpretation as the interpretation-based justice. In other words, in the interpretation of criminal laws and especially in the cases of imposing punishment, it is not logical to rely on concepts such as the spirit of the law, the will of the legislator, and the interpretation related justice based on trust in the judge or his moral and scientific characteristics. Interpretation-based justice should be done within the framework of a fair system that contains the principles and rules of interpretation of criminal laws. Otherwise, no obstacle can prevent the numerous and subjective interpretation theories that may limit the rights and freedoms of citizens.
The logic of criminal law emphasizes the important point that if interpretation-based justice wants to have a place to appear in criminal law, it must be used within and along with other interpretive principles and has no way to act independently.
Selection of References
Akbari, Z; Ardabili, M A; Ashuri, M & Mehra, N (2022), Indicators of Judicial Action in Iran's Criminal Justice System Based on Jurisprudential Teachings, Journal of Comparative Criminal Jurisprudence, 2 (2), p 51-63 [In Persian].
Al-Sharif, M Mahdi (2019), Logic of Law, 5th edition, Tehran: Sahami Enteshar Publishing [In Persian].
Omidi, J (2018), interpretation of criminal laws, first edition, Tehran: Mizan [In Persian].
Pourbafrani, Hassan (2023), special criminal law (Offences against the security of the state & Public Tranquility), fifth edition, Tehran: Jungle Publishing [In Persian].
Qiyasi, J (2018). Method of interpretation of criminal laws. second edition. Qom: Bostan Kitab Publishing [In Persian].
Katouzian, N (2006), "The contribution of justice in the interpretation of the law", Journal of the Faculty of Law and Political Science, Volume 72 [In Persian].
Keiwanfar, Sh (2019), Philosophical Foundations of Law Interpretation, 2nd edition, Tehran: Mizan Publishing [In Persian].
Cornell, Drucilla; Rosenfeld, Michel; Gray Carlson, David (1993), Deconstruction and the Possibility of Justice, 1st Ed, Pub: New York.