Non-retroactivity

Slovenia

Constitution

II. HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS

Article 28
(Principle of Legality in Criminal Law)

Acts that are criminal shall be established and the resulting penalties pronounced according to the law that was in force at the time the act was performed, save where a more recent law adopted is more lenient towards the offender.

Criminal Code of the Republic of Slovenia

GENERAL PART

Chapter Two
APPLICATION OF THE PENAL CODE

2. Applicability in time

Application of a Later, Least Severe Law for the Perpetrator

Article 7

(1) The perpetrator of a criminal offence shall be subject to the statutory provisions which were applicable at the time the criminal offence was committed.

(2) If the law is altered subsequent to the committing of a criminal offence (one or more times), provisions providing for the least severe sentence shall apply to the perpetrator.

(3) Paragraphs 1 and 2 of this Article shall apply also in relation to the applicability in time of regulations, to which the Penal Code refers. If because of the change of such regulation the criminal offence is not only defined differently, but also represents another unlawful action, the Penal Code shall be changed as well and the provisions providing for the least severe sentence shall apply to the perpetrator, because his act is not defined as a criminal offence.

GENERAL PART

Chapter Two

APPLICATION OF THE PENAL CODE

2. Applicability in time

Application of a Later, Least Severe Law for the Perpetrator
Article 7

(1) The perpetrator of a criminal offence shall be subject to the statutory provisions which were applicable at the time the criminal offence was committed.

(2) If the law is altered subsequent to the committing of a criminal offence (one or more times), provisions providing for the least severe sentence shall apply to the perpetrator.

(3) Paragraphs 1 and 2 of this Article shall apply also in relation to the applicability in time of regulations, to which the Penal Code refers. If because of the change of such regulation the criminal offence is not only defined differently, but also represents another unlawful action, the Penal Code shall be changed as well and the provisions providing for the least severe sentence shall apply to the perpetrator, because his act is not defined as a criminal offence.

Rome Statute

Article 11 Jurisdiction ratione temporis

2. If a State becomes a Party to this Statute after its entry into force, the Court may exercise its jurisdiction only with respect to crimes committed after the entry into force of this Statute for that State, unless that State has made a declaration under article 12, paragraph 3.

Article 24 Non-retroactivity ratione personae

1. No person shall be criminally responsible under this Statute for conduct prior to the entry into force of the Statute.

2. In the event of a change in the law applicable to a given case prior to a final judgement, the law more favourable to the person being investigated, prosecuted or convicted shall apply.