Interpretation of Incriminating Texts in Penal Law

Extract

[...] The Interpretation of Incriminating Texts - Mini-dissertation - What is a lack of grounds? A lack of grounds or insufficiency of grounds differs from a lack of legal basis, which sanctions a fundamental flaw, namely a motivation that does not enable the Court to exercise its control over the conditions of the application of the law 36. - What is a substitution of grounds? Intervenes when a decision is good, but the means that the appeal has implemented are inappropriate, it substitutes the grounds. [...]

[...] Legal interpretation, on the other hand, seeks to grasp the meaning of a law in order to apply it to a present case. Nietzsche in The Will to Power she thus designated it as 'there are no facts, only interpretations'. Thus, legal interpretation allows for the resolution of a dispute by interpreting a law. This interpretation, which establishes the law and will itself serve as jurisprudence. Interpretation is here at the service of concrete application. As for her, the incrimination of Latin incrimination is defined as the description of the constituent elements of a criminal offense by a legislative or regulatory text. [...]

[...] Thus, the interpretation of incrimination texts constitutes the interpretation made by a judge of the elements constituting a criminal offense. Thus, being interested in the interpretation of an incrimination text is equivalent to being interested in the interpretation made by the judge of an incrimination text in the light of the principle of strict interpretation of penal law. The study of this subject presents a major legal interest, in fact, in the case that concerned Jean-Marie Le Pen, who had published and promoted records in praise of the Nazi regime. [...]