Non-retroactivity

Tajikistan

Constitution of the Republic of Tajikistan

CHAPTER TWO

RIGHTS, LIBERTIES, BASIC DUTIES OF INDIVIDUALS AND CITIZENS

Article 20.

A law adopted after the commission of an illegal act by a person and that envisages severe punishment for that act shall not be retroactive .

Criminal Code of the Republic of Tajikistan (Excerpt)

GENERAL PART

SECTION I. CRIMINAL LAW

CHAPTER 2. Territorial Application of the Criminal Law and Question of its Retroactivity

Article 13. Retroactive Effect of the Criminal Law

(1) The criminal law eliminating criminality of an act, mitigating a sentence or improving condition of a person who committed a crime, is retroactive, i.e. it affects persons who committed a crime before such law came into legal force, including persons who are serving sentence or have already served but have criminal record. From the moment the law eliminating criminality of an act came into legal force, the act committed before its coming into force, is not considered to be criminal.

(2) If a new criminal law mitigates punishability of an act, for which a person is serving his sentence, this sentence is liable to reducing in accordance with the high limit of the sanction of the newly issued criminal law.

(3) The criminal law establishing criminality of an act, aggravating a sentence or adversely affecting a person who committed this act is not retroactive.

Criminal Executive Code of the Republic of Tajikistan

GENERAL PART

Section I. Principal provisions of the criminal executive legislation of the Republic of Tajikistan

Chapter 1. General provisions

Article 5. Territorial application of the criminal executive legislation and its effect in time

1. Execution of a sentence as well as application of other penal measures and assistance to the persons subject to release shall be fulfilled in accordance with the legislation valid at the time of their execution.

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.