Non-retroactivity

Azerbaijan

Azerbaijan - Constitution (EN) 1995 (2016)

Fifth Part: Law and statute

Chapter X: Legal System

Article 149: Normative Legal Acts

VII. Normative legal acts, altering the legal status of physical and juridical persons, removing or mitigating their legal responsibility can have retroactive force. Other normative-legal acts do not have retroactive force.

Azerbaijan - Criminal Code (EN) 1999

General provision

Section I
Criminal Legislation

CHAPTER 2
ACTION OF THE CRIMINAL LAW

Article 10. Action of the criminal law in time

10.1. The criminality and punish of action (action or inaction) shall be determined by the criminal law, exercised during commitment of this action (action or inaction). No one shall be applied to criminal liability for action, which was not admitted as a crime at the time of committing it.

General provision

Section I
Criminal Legislation

CHAPTER 2
ACTION OF THE CRIMINAL LAW

Article 10. Action of the criminal law in time

10.4. The criminal law, provided for by criminality of action (actions or inactivity), strengthening punishment or otherwise worsening position of the person who has committed a crime, shall not have back force.

Azerbaijan - Criminal Code 1999 (amend 2018) (EN)

Chapter 2. Action of the criminal law 10. Operation of criminal law in time

10.1. The criminality and punish of action (action or inaction) shall be determined by the criminal law, exercised during commitment of this action (action or inaction). No one shall be applied to criminal liability for action, which was not admitted as a crime at the time of committing it.

Chapter 2. Action of the criminal law Article 10. Operation of Criminal Law

10.4. The criminal law, provided for by criminality of action (actions or inactivity), strengthening punishment or otherwise worsening position of the person who has committed a crime, shall not have retroactive force.

Azerbaijan - Criminal Procedure Code (EN) 2000

General Part

FIRST SECTION
Main Provisions

Chapter I
Legislation on criminal procedure

Article 4. Temporal scope of legislation on criminal procedure

4.2. There shall be no retroactive effect of the provisions of the legislation on criminal procedure of the Azerbaijan Republic which limit the rights of parties to criminal proceedings.

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.