PART TWO
HUMAN AND MINORITY RIGHTS AND FREEDOMS
1. Fundamental Principles
Legal certainty in criminal law
Article 34
No person may be held guilty for any act which did not constitute a criminal offence under law or any other regulation based on the law at the time when it was committed, nor shall a penalty be imposed which was not prescribed for this act.
The penalties shall be determined pursuant to a regulation in force at the time when the act was committed, save when subsequent regulation is more lenient for the perpetrator. Criminal offences and penalties shall be laid down by the law.
GENERAL PART
CHAPTER ONE
GENERAL PROVISIONS
No Criminal Offence or Punishment without Law
Article 1
No one may be punished or other criminal sanction imposed for an offence that did not constitute a criminal offence at the time it was committed, nor may punishment or other criminal sanction be imposed that was not applicable at the time the criminal offence was committed.
Part I
GENERAL PROVISIONS
Chapter I
BASIC RULES
“In doubt for the benefit of the defendant” Rule
Article 4
If upon gathering of all available evidence and its presentation in the criminal proceeding, only suspicion remains concerning the existence of a relevant elements of a criminal offense or concerning facts upon which the application of a certain provision of Criminal Code or the present Code depends upon, the court, i.e., another competent body shall always render a judgment more favorable for the defendant.
III LEGAL ASSISTANCE TO THE INTERNATIONAL CRIMINAL COURT
Transfer of Criminal Jurisdiction to the Republic of Serbia
Article 19
Criminal proceedings in the Republic of Serbia shall be conducted in accordance with the rules of the local law.
The evidence collected or presented by the International Criminal Court may be used in criminal proceedings in the Republic of Serbia only if it has been collected and/or presented in accordance with the Statute and the Rules of Procedure and Evidence, and if it could normally be utilised in the proceedings before the International Criminal Court.
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.