Abstract:
The findings suggest that the restrictive interpretation of Iran's rights which is the result of the
principle of legality of crimes and punishments, in most cases, emerges in favor of the accused.
Principles such as "the legality of crime and punishment and the presumption of innocence are among the most important principles of interpretation. The use of broad interpretation of criminal law in restrictive interpretation is much weaker than the restrictive interpretation and it will be used only in case it leads to interpretation in favor of the accused. By virtue of rule of (major penalty is not given in case of suspicious proof), place of interpretation in jurisprudence is not independent. This interpretation is compatible with issues such as principle of innocence, authenticity and principle of permissibility and can be studied under these titles. But in England law, law is interpreted with literal method and text description. They think that the law text should respond to the events. Therefore, the wording of law shall be read according to the meaning understood by customary law. Less attention is paid to intention of the legislator and the spirit of the law. The court is not responsible for filling gaps of law and compensating for its defect and silence because this means that the judge has acted on behalf of the legislator and has usurped legislation capacity and that the judge has rewritten the law.
Machine summary:
Channel of restrictive interpretation Different methods which are applied for interpretation of laws are so important that it leads to instability of the legal relations of persons or violation of rights and freedoms of citizens.
The principle of restrictive interpretation can be reliable only in doubt and this has not been mentioned in the legal books expressly and as a condition and most lawyers have absolutely mentioned that result of legality of crime and punishment in criminal law is the principle of restrictive interpretation (Sanee, Public Criminal Law, Vol. 1, P.
Basis of interpretation in favor of the accused A- Principle of legality of crimes and punishments Human is a creature with social nature, therefore, he creates societies with other people and groups and possesses traditions and customs and laws to achieve desirable life in this winding way and he forms government which can be durable under auspices of laws and regulations.
One of the important achievements of the principle of legality of crime and punishments is that it has prevented the judges and rulers from dictatorship, self-centrism and administration of justice at his discretion and causes the law to be center of judicial sovereignty acts and makes human society and people present therein aware of the criminal acts including act or omission (Katoozian ,2011:42).
In England law, the restrictive interpretation of criminal and tax laws is one of the rules of interpretation of law and exclusion from explicit logics of the law is regarded as violation of individual rights and freedoms and intervention in work of the legislator (Ashworth, 1992:70-76).