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存疑时有利于被告人原则只能适用于对事实存疑情况的处理而不应将其扩张适用于对刑法的解释。存疑时有利于被告人原则在实体上为责任主义原则之派生,在程序上为无罪推定原则之派生。刑法不可能绝对明确,对刑法进行解释时应按照其自身的解释体系和解释标准进行。扩张解释不以有利于被告人作为其适用的意义,不利于被告人的扩张解释结论并不当然被禁止。刑法的明确性原则不能作为连接罪刑法定原则与存疑时有利于被告人原则之间的桥梁,其与罪刑法定原则之间并不存在必然的派生关系。
The principle of doubt in favor of defendants can only be applied to the handling of facts that are in doubt and should not be applied to the interpretation of criminal law. Doubt is conducive to the principle of the defendant in principle is derived from the principle of responsibility, in the process of derivation of the principle of presumption of innocence. Criminal law can not be absolutely clear, the criminal law should be interpreted in accordance with its own interpretation system and interpretation standards. Expansion of explanation does not of course be forbidden to interpret the conclusion that it is not in the interest of the defendant to apply its meaning to the defendant. The principle of the clarity of the criminal law can not serve as a bridge between the legal principle of connecting crime and punishment and the principle of benefiting the accused in case of doubt. There is no necessary derivative relationship between it and the legal principle of crime and punishment.