ضوابط وحدود التفسير القضائي للنصوص القانونية الجنائية

Abstract EN

This article is intended to indicate the controls and limitations of judicial interpretation of criminal rules, since the interpretation in the criminal article is governed by a set of controls, which differ in large part from the same in the interpretation of civil, commercial or other discipline Any expansion of the interpretation of criminal law rules may have significant negative effects as it may lead to the establishment of other criminal rules, crimes or penalties Which makes the judge in this case, wear the lawmaker's hat, and therefore may breach the principle of legality of criminalization and punishment in a kind of infringement of the powers and powers of the legislature, as well as a set of constitutional and legal principles as the principle of the separation of power, the principle of conformity of interpretation with constitutional norms.

This article is therefore problematic: "What controls should a criminal judge abide by while interpreting criminal legal rules?", This problem has a series of sub-questions: - What are the limitations of the criminal judge’s interpretation of criminal legal texts? - What constitutional and legal principles might be violated by the wider interpretation of criminal legal norms? - Is the principle of narrow interpretation of criminal legal texts absolute or does it contain certain exceptions? - In order to address this key problem, and the questions that have been raised about it, we will divide our article bodies of research tow chapters: - Chapter 1: interpretation of legal texts, concepts, types, doctrines and motives examination.

- Chapter 2: controls and exceptions to the judicial interpretation of criminal legal texts.