The standard that must prevail in this regard is the criterion of achieving the public interest. Administrative decisions and laws must be interpreted broadly and in a way that serves the public interest without considering the literal meaning of the texts.
Dear Hosein Jamshidi , an interesting topic of discussion. I do agree with fellow researchers Ali Abu Marya & Elias Odula Barasa, and I think the prudence and conscience of the judge and lawyer should be taken into serious concern.
Well, in my opinion, if I, not being a mathematician, understand correctly the concept, fuzzy logic might be used in assessing causal relationship between a criminal act and socially dangerous consequences. It manifests itself most clearly in the field of medical criminal malpractice: the tools of ascertaining the effectiveness of treatment in medical science are exclusively probabilistic and are derived from statistical methods, while philosophic grounds of the concept of causal relationship in the criminal law is causal determinism, which defies the concept of probabilistic logic. How can you say that there is a causal link between the onset of patient's death and doctor's inaction, while expert says that required treatment is effective in 14% of cases?
I have a paper on this subject: Article Causation in Criminal Medical Malpractice: a Conflict of For...
Also I would urge you to pay attention to the article of Professor Igor Vuletic, which I cite.