تفسير النصوص الجنائية الموضوعية

Abstract EN

The role of the criminal judge in interpreting criminal texts is limited to the search for the will of the legislator, in accordance with the requirements of the principle of criminal legality.

however, texts are often formulated in unclear terms and bear several interpretations, making it difficult for a judge to determine the exact meaning of the text, to apply it correctly for fear of creating a new crime or punishment other than that provided for by law.

this calls for the existence of rules and bases to be followed by the judge when interpreting the text to be applied in order to guide him to apply it properly, which is the essence of research on the subject of interpretation in the criminal article.