An Analytical Study of the Position of interpretation of Doubts in favor of the Defendant in Criminal Law

An Analytical Study of the Position of interpretation of Doubts in favor of the Defendant in Criminal Law

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The quality of the general nature of the law, and sometimes ambiguity, obscurity, inconsistency, or silence of here the law require the necessity of interpretation.The Islamic Penal Code and the criminal procedural code are affected by the previous problems.The present article proceeds a desk study and theoretical study of the articles of these laws.

In case of doubt in the intention of the legislator, first we must try to be aware of his real intention.However if we are desperate in our attempt, we should construe the case in favor of the defendant.In establishing the commission of a crime if the arguments for accusation are not sufficient or there is no evidence against the flexcon reverse osmosis water storage tank defendant towards his conviction, the principle of innocence is to be followed.

Basically doubts in these cases are equal to failure to establish the crime and are definitely in favor of the defendant.