Chapter Three Fundamental Rights and Freedoms
Part One Human Rights
Article 22 Non-retroactivity of Criminal Law
(1) No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence at the time when it was committed. Nor shall a heavier penalty be imposed on any person than the one that was applicable at the time when the criminal offence was committed.
(2) Notwithstanding the provisions of sub-article 1 of this article, a law promulgated subsequent to the commission of the offence shall apply if it is advantageous to the accused or convicted person .
PART I
GENERAL PART
BOOK I
CRIMES AND CRIMINALS
TITLE I
CRIMINAL LAW AND ITS SCOPE
CHAPTER II
SCOPE OF APPLICATION OF THE LAW
Section I:- Conditions as to Time
Article 5.- Non-retrospective Effect of Criminal Law.
(1) If an act, declared to be a crime both under the repealed legislation and this Code was committed prior to the coming into force of this Code, it shall be tried in accordance with the repealed law.
(2) An act declared to be a crime under this Code but not under the repealed law and committed prior to the coming into force of this Code is not punishable.
(3) No act shall be tried or punished where it was a crime committed under the repealed legislation but is not declared so to be under this Code. If proceedings have been instituted they shall be discontinued .
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.
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.