Nullum crimen sine lege

Spain

Criminal Code 1995 (2013)

PRELIMINARY TITLE
On penal guarantees and on the application of the Criminal Law

Article 1

1. No action or omission that is not defined as a felony or misdemeanour by Law prior to it being committed shall be punishable.

BOOK I
General provisions on felonies and misdemeanours, the persons responsible, the penalties, security measures and other consequences of criminal offences

TITLE I
On felonies and misdemeanours

CHAPTER I
On felonies and misdemeanours

Article 12

Negligent actions or omissions shall only be punished when specifically provided by the Law.

The Spanish Constitution 1978 (2016)

PRELIMINARY PART

Article 9

3. The Constitution guarantees the principle of legality, the hie¬rarchy of legal provisions, the publicity of legal enactments, the non-retroactivity of punitive measures that are unfavourable to or restrict individual rights, the certainty that the rule of law will prevail, the accountability of the public authorities, and the prohibition against arbi¬trary action on the part of the latter.

PART I
Fundamental rights and duties

CHAPTER TWO
Rights and Liberties

SECTION 1
Fundamental Rights and Public Liberties

Article 25

1. No one may be convicted or sentenced for any act or omission which at the time it was committed did not constitute a felony, misde¬meanour or administrative offence according to the law in force at that time.

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.