Chapter Two : Fundamental Rights and Duties of Citizens
Article Twenty-Seven
No deed shall be considered a crime unless ruled by a law promulgated prior to commitment of the offense. No one shall be pursued, arrested, or detained without due process of law. No one shall be punished without the decision of an authoritative court taken in accordance with the provisions of the law, promulgated prior to commitment of the offense.
Chapter 1 General Principles and Definitions
Article 2
Crime Only According to Law
No act shall be considered crime, but in accordance with the law.
Chapter 2 Extradition
Article Twenty Five
Rejection of Extradition Request
(1) The High Council of the Supreme Court may not issue an order of extradition when:
d. The act is committed outside the territories of Afghanistan and the requesting country, and [the act]is not prescribed as a crime under Afghan Laws.
1. A person shall not be criminally responsible under this Statute unless the conduct in question constitutes, at the time it takes place, a crime within the jurisdiction of the Court.
2. The definition of a crime shall be strictly construed and shall not be extended by analogy. In case of ambiguity, the definition shall be interpreted in favour of the person being investigated, prosecuted or convicted.
3. This article shall not affect the characterization of any conduct as criminal under international law independently of this Statute.