§701-104  Principles of construction. 
The provisions of this Code cannot be extended by analogy so as to create
crimes not provided for herein; however, in order to promote justice and effect
the objects of the law, all of its provisions shall be given a genuine
construction, according to the fair import of the words, taken in their usual
sense, in connection with the context, and with reference to the purpose of the
provision. [L 1972, c 9, pt of §1]



 



COMMENTARY ON §701-104



 



  This section, read in conjunction with §701-103, is intended
to assure that this Code will be construed by the courts in such a way as to
effectuate the declared purposes of the law.



 



SUPPLEMENTAL COMMENTARY ON §701-104



 



  Section 104 of the Proposed Draft of the Code read: 
"The rule that a penal statute is to be strictly construed does not apply
to this Code, but the provisions herein must be construed according to the fair
import of their terms."  The Legislature found that such broad wording
would subject the Code to unwarranted argument and attempted to avoid this
possibility by revising the entire section.  Through the section, as enacted,
the Legislature sought to limit the scope of the fair import principle.  See
Conference Committee Report No. 2 (1972).  The committee report also states: 
"It is the intent of the Committee that definitions of crimes are to be
strictly construed."



 



Case Notes



 



  In Coray v. Ariyoshi, 54 H. 254, 506 P.2d 13 (1973), and
State v. Rackle, 55 H. 531, 523 P.2d 299 (1974), the court reiterated without
discussion the doctrine of strict construction.  The offenses in each case
occurred prior to enactment of the Code.



  Where words of general description follow enumeration of
specific things, the words are restricted to like objects.  56 H. 481, 541 P.2d
1020.



  Proscription of distribution of lysergic acid
"diethylamine" under §329-14 (1974) cannot be extended by analogy to
distribution of lysergic acid diethylamide.  61 H. 74, 595 P.2d 288.



  Rule of strict construction does not override other
fundamental rules of construction.  59 H. 456, 583 P.2d 337.



  Cited in construing "accident."  1 H. App. 625, 623
P.2d 1271.



  Cited in construing "possession."  8 H. App. 610,
822 P.2d 23.