The Role Of The Ruling Authority In Interpreting Penal Texts

Abstract

Legislative texts are always characterized by generality and abstraction, and every piece of legislation requires interpretation, no matter how perfect and perfect it may be. The need for interpretation must arise, as it is impossible for the legislator to predict the developments and events that may occur in the future after the issuance of the legislation, and even if the drafters of the legislation no matter how high their level of In science and knowledge, they are possible and likely to be exposed to oversight and error, which requires the intervention of the ruling authority in the appropriate interpretation of the legal definition of the facts, because many texts, especially penal texts, include some that are ambiguous, such as if the text is problematic, hidden, or general. , or contradictory, which calls on the ruling authority, represented by the judge or court, to remove this ambiguity or contradiction by means or methods permitted by the law, the most important of which is the appropriate interpretation of those texts and the removal of anything that obstructs them when applying them to the reality under consideration before that authority, and through our research we have come to the conclusion that: The power of the criminal judge, represented by his discretionary power to search for evidence and evidence that is considered a reason for the ruling, is not completely absolute, although the law has given the judge room to interpret the legal texts, to fit the facts and evidence presented before him, whether in proof or denial, but this power is limited by the restrictions of the law. On the one hand, and judicial oversight on the other hand, represented by the courts that have the authority to monitor the investigation courts and trial courts, and we hope that the authority of the ruling will be restricted by the law in its interpretation of general rules, as if the rule of doubt was interpreted in favor of the accused, and the rule of non-retroactivity of the criminal law on The past, and the rule of the right of legitimate defense, which secures a person’s life against criminals, deviants, and others, and is also restricted by what the competent courts have followed in searching for the legitimacy of the rulings and decisions issued by the subject courts based on their authority to interpret the legal texts in question before them, and this research discusses Through three axes, the first axis is a statement of the ruling authority, while the second axis presents the texts that require interpretation and the removal of their ambiguity, their generality, or their problem by the ruling authority, while the third axis represents a statement of the restrictions that are imposed on the legal and judicial ruling authority.