Ignoring the material element in the crime of unauthorized drilling and not complying with the minimum punishment in accordance with the law on reducing the punishment of imprisonment

Today, in the light of modern ideas of criminal law and criminology, wide interpretation of the law to the detriment of the accused is not allowed, and the most emphasis is placed on the use of progressive principles of criminal law, such as the principle of acquittal, the rule of interpretation in favor of the accusedThe doctrines of criminal law state that in order to commit a crime, its three elements must be fulfilled togetherOtherwise, the crime has not been committed. Also, in case of doubt at any stage, according to the principle of acquittal, the interpretation is in favor of the accused and acquittal should be appliedHe adds that the proof of the claim and the judge's decision must be documented and substantiated. If the basis of the judge's decision is his knowledge, reaching this knowledge should be certain based on the evidence and documents in the case, not with doubtsand that according to Article 2 of the Law on Reducing the Punishment of Imprisonment approved in 2019, if the judge wants to sentence more than the minimum punishment for a crime, he must state the reason in the documentIt seems that the violation of this article can lead to the resumption of the trial and the violation of the verdict according to Article 474 of the Criminal Procedure LawIn this article, while examining the issued document from the legal point of view and the citations and arguments of the issued punishment and criminology, it is pointed out that the lack of attention to Article 2 of the law on reducing the punishment of penal servitude is a reason for resuming the proceedingsThe research method in this research is descriptive and analytical and the data is extracted from library sources