THE ASSUMPTION OF PENAL TEXTS ( COMPARATIVE STUDY )

Obeid Hajiej, P.Dr.Hassoun; Faisal Kadhum, Montadhar

	THE ASSUMPTION OF PENAL TEXTS ( COMPARATIVE STUDY )
AL- Mouhakiq Al-Hilly Journal for legal and political science
Article 1, Volume 9, Issue 4, 2017, Pages 57-88
Authors
P.Dr.Hassoun Obeid Hajiej; Montadhar Faisal Kadhum
Abstract
The most compelling topic raised in everyday life is the topic of the “Interpretation of Penal Texts”, in virtue of which a proper legal description along with its application rendered accessible. Interpretation, as a mental and intellectual exercise, is considered one of the most significant thought and reasoning processes, to which a lawperson resort, and through which he can better apply and implement of the law. It plays a role of greatest importance and of utmost impact in the framing of a criminal base– a role that is at least as important as that of codification itself. Article 30 of the Civil Procedure Law No. (183) of the year 1969, as considered a reference point to all civil and penal procedural laws, necessitated that a judge or court should get into an appropriate ruling for the case at issue. The loss or lack of text or its incompatibility with interpretation may not in any way be invoked as a justification, or else the judge would be considered abstaining from fulfilling the right. The interpretation of the penal texts can be achieved through the transition from the apparent meaning to non-apparent one, i.e. it is that which develops the right understanding and application of the meanings of texts, and this is done through, first, the judge’s understanding of the factual elements of facts, and secondly, the understanding of law and justice grounds. That said, this study has adopted a plan of research that requires us to divide it into three main tasks. Task One will deal with the definition of the interpretation of penal texts; Task Two will be devoted to investigate the types and singularity of the interpretation of penal texts along with their conditions; Task Three will be allocated to the legal nature of the interpretation of penal texts. Finally, the research will be culminated in a conclusion which outlined the findings to which the research reached along with the suggestions that research found worth of further research. The subject matter of this research is taken to be an analytical and practical study of the amended Iraqi Penal Law No. (111) of 1969, and of the amended Iraqi Criminal Procedure Law No. (23) of 1971,Comparison with some Egyptian and French procedural laws.
Keywords
ASSUMPTION; PENAL TEXTS

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