Nullum crimen sine lege

Romania

The Criminal Code

The General Part

Title I
Criminal law and its application restrictions

Chapter I
Preliminary provisions

Legality of incrimination and of criminal law sanctions

Art.2 – (1) The law specifies what actions constitute offences, provides the penalties to be applied and the measures that can be taken in case such acts are committed.

Rome Statute

Article 22 Nullum crimen sine lege

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.