Part I Fundamental rights and duties
Section II Rights, Freedoms, and Safeguards
Chapter I Personal Rights, Freedoms, and Safeguards
Article 29 Application of Criminal Law
1. No one shall be sentenced under the criminal law unless the action or omission in question is punishable under the terms of a pre-existing law, nor shall any person be the object of a security measure unless the prerequisites therefore are laid down by a pre-existing law.
2. The provisions of the previous paragraph shall not preclude the punishment up to the limits laid down by internal Portuguese law of an action or omission which was deemed criminal under the general principles of commonly recognised international law at the moment of its commission .
BOOK I-GENERAL PART
TITLE I-THE CRIMINAL LAW
SINGLE CHAPTER-GENERAL PRINCIPLES
Article 1
Principle of legality
1- An act may only be criminally punished if it was determined punishable by law before the act was committed.
2- Security measures may only be applied to cases of perilousness, if its conditions are determined by law previous to its fulfilment.
3- An appeal to analogy is not permitted to qualify an act as criminal, to define a case of perilousness, or to determine a penalty or a corresponding security measure.
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.