The quality of the general nature of the law, and sometimes ambiguity, obscurity, inconsistency, or silence of the law require the necessity of interpretation.The Islamic Penal Code and the criminal procedural code are affected by the previous problems.The present article proceeds a desk study and theoretical study of the read more articles of these laws.
In case of doubt in the intention of the legislator, first we must try to be aware of his real intention.However if we are desperate in our attempt, we should construe the case in favor of the defendant.In establishing the commission of a crime if the arguments for accusation are not sufficient or there the gel bottle audrey is no evidence against the defendant towards his conviction, the principle of innocence is to be followed.
Basically doubts in these cases are equal to failure to establish the crime and are definitely in favor of the defendant.