Interpretation in criminal law

• Main Author: Joksić Ivan
• Format: Article
• Language: English
• Published: Bar Association of Vojvodina, Novi Sad 2015-01-01
• Series: Glasnik Advokatske komore Vojvodine
• Subjects: interpretation of law; criminal law norms; dispositions; types and subjects of interpretation
• Online Access: https://scindeks-clanci.ceon.rs/data/pdf/0017-0933/2015/0017-09331506311J.pdf

Interpretation of law is an abstract process which goal is to determine the genuine meaning of legal norms. Given the fact that legal norms are set up by the legislator, it is the practitioners who are to accurately and fully establish its will expressed in a particular act of law. The complexity of interpretation of law in a whole is specifically noticeable in the field of criminal law, as it is the most common mean of limitation of human rights. That is why it is essential for the interpreters in criminal law to be careful not to (miss) use the rules of law due to their incomprehension of meanings and significance of terms in criminal norms. To prove that it is not just a theoretical possibility, the data are presented, according to which the Republic of Serbia is to pay millions of dinars to citizens who were illegally held in custody due to them being declared innocent in criminal proceedings. Should we add not just the media, but also 'other' pressures to which judicial organs are exposed to daily, it comes as no surprise whatsoever that our country is a frequent 'guest' at the European Court of Human Rights in Strasbourg. By taking into consideration the anticipative extent for his scientific work, as well as the whole complexity and width of issues in the field of interpretation of law, the author has opted to point out the basic determinants of interpretation in criminal law. Thus, defining the term, content and types of interpretation in criminal law will be included. Regarding the fact that freshmen of law schools are introduced to the issues of law interpretation via subject 'Introduction to law', the author will also include the area of a general theoretical determination of interpretation of law.