The Power of Penal Judge in Interpretation of Penal provisions In Jordanian Penal law
The Power of Penal Judge in Interpretation of Penal provisions In Jordanian Penal law
Writer:
Dr . Saleh Hejazi - Dr. Akram al fayez
Pages:
39
Language:
عربي
Section:
Studies and research
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Abstract
This research (The Power of Penal Judge in Interpretation of Penal provisions in Jordanian Penal law )addresses one of the most essential subjects of law in General and Penal law in specific ; that is because The explanation is a need for right articles and defective ones , Because it aims to right applying and understanding and On the other hand Explanation is very momentous means with out limitations because it could be leads to put the articles out of action or applying articles in wrong cases.
In this research we made it clear that Interpretation Must be done in very restricted range and aims to search about the legislator intention when Articles were issued, . Researchers mentioned some provisions of Jordanian Penal law which have some defectives comparing with Syrian Penal law provisions .
Finally Researchers recommended , Interpretation must be very restricted and leads to find the legislator intention when articles were issued , permissibility of syllogism in exemption and the need of modifying articles (8) and (292) in Jordanian penal law.
Key words: Interpretation, syllogism, legitimate Principle ,defective articles