Abstract:
Interpretation of law entails legal principles drawn from the written law and the unwritten law. In particular, it helps to develop the written law. It is not merely based upon definite legal principles which are found in texts, but also upon the enunciation of new principles. In Criminal Law there is a principle to the effect that a man may only be punished if the law provides for it expressly (Nulla poena sine lege). Interpretation of law to impose a sentence on someone may only take place if there is an expressed legal provision for it. The law may not be interpreted so as to give rise to new principles to punish citizen. Interpretation of Criminal Law has thus distinct characteristics which differ from other forms of legal interpretation, i.e. the law may not be interpreted to establish new crimes. However, it so far as criminal principles may be interpreted to confer benefits upon the accused, they are not subject to the stipulation that they must be written principles. Interpretation of law, in this respect, resembles interpretation of law in other matters, i.e. the person interpreting the law may utilize principles beyond the written text which are of benefit to the accused. Other factors of note which may affect interpretation of law include the following : NUANCES concerning autonomy of Criminal Law, disparities between subjective and objective elements, different priorities for crime control and due process of law as linked with human rights.