On The Principle Of Legality Constraints Of Criminal Law Interpretation

Principle of legality as a basic principle of criminal law, interpretation of criminal law and criminal law will inevitably explain the most important core aspects of interpretation of criminal law has an important role in the control and guidance. Interpretation; of criminal law is different from other legal interpretation of the particularity, this is because the criminal law related to the life or death over its citizens, and therefore strict interpretation should be. Principle of legality demands on the criminal use of a strict interpretation of the provisions of the position, arts and explain why a priority, according to the literal meaning is usually reasonable to define the meaning of the criminal code words, there is no need for a logical explanation. Explained only in the arts and the criminal code still does not explain the specific meaning of the term of the word, to be logical explanation. The principle of legality to the relative change from the absolute, for the interpretation of the criminal code provides space for expansion. To explain the limits of the expansion issue, should take "provisions of the criminal code with the widest possible meaning of speaking and "national forecast possibility" that combined standard. Principle of legality does not exclude the analogy to explain, prohibited the defendant's analogy is not conducive to. Interpretation and analogy to explain the expansion and no clear distinction between operational standards. Majority of the judiciary to the principle of legality under the guidance of reasonable interpretation and is conducive to the expansion of the defendant's analogy to explain,prohibited the defendant's analogy is not conducive to interpretation, do to maintain social order and protection of human rights protection based on the unity of the human rights priority.