Rethinking the Principle of Innocence with the Noumenal Approach and the Impact of the Approach on the Application of Interpretive Principles in Criminal Law

Articles in Press

Document Type : Research Paper

Authors

1 PhD in Private Law, University of Isfahan, Isfahan, Iran.

2 Associate Professor, Department of Law, University of Isfahan, Isfahan, Iran.

Abstract

Whether the principle of innocence is read from the perspective of a phenomenon or a noumenon will have different effects on the interpretation of criminal law. In jurisprudence and Iranian law, the principle of innocence is mostly a practical principle that is used in cases where doubt arises about the existence or lack of a duty. But if we look at the principle of innocence from the perspective of the noumenon, it is based not on duty but on human freedom. Noumenon innocence does not allow the interpreter to expand the legal provision that has been criminalized, and cannot develop exceptions using subjective criteria in interpreting criminalized regulations. In the present study, using a qualitative method, the hypothesis that looking at the principle of innocence from the perspective of a noumenon has different interpretative effects than the practical principle of innocence has been strengthened.

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Main Subjects

Criminal Law Research

Articles in Press, Accepted Manuscript
Available Online from 24 October 2025

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