نوع مقاله : علمی- پژوهشی
1 دکتری حقوق جزا و جرم شناسی، دانشکده حقوق، دانشگاه تهران، تهران، ایران
2 دانشجوی کارشناسی ارشد حقوق جزا و جرم شناسی، دانشکده حقوق، دانشگاه شیراز، شیراز، ایران
عنوان مقاله [English]
two methods of formalist or Aristotelian and the realistic interpretation stem from different law theories. In the former method of interpretation, the interpreter, with the character of a mathematician, interprets in a mathematical way and draws conclusions from the previous rules. In fact, in this method, the former rules are the sacred permissible image, and the application of the minor to the logical cobra brings the result to the mind of the judge. In fact The result is not obvious from the beginning. Whereas in the latter interpretation, the interpreter knows the result from beginning by legal intuition or any other approach, and then, for his result, he or she uses the old rules. So in the first method, moving is from the rule to the result and in the second method, moving is from result to the rule. Applying these two methods in relation with prosecution abandonment in criminal procedure will undoubtedly lead to two different results. The first method, with a serious concentration on Article 79 of the Code of Criminal Procedure, considers the issuance of this warrant to be one of the exclusive duties of the prosecutor and regardless of the result. While in the second method, the interpreter is fair and because he consider the warrant as good, he accept that in criminal procedure.