Non-retroactivity

Timor-Leste

Código do Processo Penal de Timor-Leste

CRIMINAL PROCEDURE CODE

PART I
ON THE GENERAL PART

TITLE I
PRELIMINARY AND GENERAL PROVISIONS

Article 4
Application of the law over time

1. The criminal procedure law shall be immediately applicable, without prejudice to acts practised during the time the previous law was in force.

2. The criminal procedure law shall not apply to proceedings initiated before its entry into force where from its immediate applicability may result.

(a) considerable aggravation, which can still be avoided, of the procedural situation of
the defendant, namely a limitation on his or her right to counsel; or
(b) breach of harmony and unity of the various acts of the proceeding.

Código Penal de Timor-Leste

BOOK I
GENERAL PART

TITLE I
APPLICATION OF CRIMINAL LAW

SINGLE CHAPTER
GENERAL PRINCIPLES

Article 3. Applicability of criminal law over time

1. No person may be punished for an act defined as a crime at the time of its commission if a subsequent law no longer considers it as such.

2. In such a case, if a decision convicting the person has already been rendered, execution of said decision and its penal effects shall cease, even when the decision rendered is final.

3. The law subsequent to the commission of the crime shall apply to previous conduct whenever the same proves to be more lenient to the perpetrator and, in the case of a final decision, if any benefit may still be obtained.

Constitution of the Democratic Republic of Timor-Leste

PART II
FUNDAMENTAL RIGHTS, DUTIES, LIBERTIES AND GUARANTEES

TITLE II
PERSONAL RIGHTS, FREEDOMS AND GUARANTEES

Section 31 (Application of criminal law)

5. Criminal law shall not be enforced retroactively, except if the new law is in favour of the accused.

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.