The Role of Judicial Interpretation of the Criminal Text in The Assessment and Conviction of the Judge in Iraqi and Jordanian law, a Comparative Study

Author:
Dhahir Shakir Jasim Jasim
Level:
Master
Field of study:
Law
Language:
Arabic
Faculty:
Faculty of Law
Year:
2022
Publisher:
URD Press
Supervisor(s):
Ali Sadeghi

The issue of judicial interpretation of the legal text, including the criminal text, by the judge or whoever has the role of interpretation, comes directly and principally into another issue of interpretation importance, which is the judge’s conviction and estimates in the light of that interpretation of the criminal text. The previous studies focused more on judicial interpretation, its concept, dimensions and images, as well as on the issue of the judge’s conviction and appreciation and the foundations of this conviction and its components, sources and issues, but they did not link between judicial interpretation and its role in obtaining the judge’s conviction and appreciation, whether for the subject of the judgment and the incident or the judgment itself and its imposition of the right to the criminal offense, to come This study sheds light on the relationship between the judicial interpretation of the criminal text and its role in resting the conviction and appreciation of the criminal judge, especially that many laws give an active role to the issue of interpretation and the issue of conviction and judgement of the judge. By examining the meanings of interpretation and conviction in the Iraqi and Jordanian laws, then comparing them and clarifying the aspects of participation and differences. From here came the structure of the study on four chapters. The first is about concepts and faculties, the second is about judicial interpretation, the criminal text, and the conviction and appreciation of the judge in Iraqi law, and the third is about judicial interpretation. And the criminal text, and the conviction and judgment of the judge in Jordanian law, the fourth chapter does not come to explain the aspects of Because of the participation and difference between the two laws on the issue, the study created the importance of judicial interpretation in the two laws, with the participation of a number of issues related to it, and the difference in some formalities, as well as in the issue of conviction and appreciation of the judge. The study recommended more research to activate the issue of judicial interpretation and its impact on the conviction and appreciation of the judge.