Non-retroactivity

The former Yugoslav Republic of Macedonia

Macedonia - Constitution 1991 (2019) EN

Article 14
No person may be punished for an offence which had not been declared an offence punishable by law, or by other acts, prior to its being committed, and for which no punishment had been prescribed. .

No person may be tried in a court of law for an offence for which he/she has already been tried and for which a legally valid court verdict has already been brought

Article 52
Laws and other regulations are published before they come into force.
Laws and other regulations are published in "The Official Gazette of the Republic of Macedonia" at most seven days after the day of their adoption.
Laws come into force on the eighth day after the day of their publication at the earliest, or on the day of publication in exceptional cases determined by the Assembly.
Laws and other regulations may not have a retroactive effect, except in cases when this is more favourable for the citizens.

Macedonia - Criminal Code 1996 (2009) EN

GENERAL PART

1. GENERAL PROVISIONS

Obligatory implementation of a more lenient criminal law

Article 3

(1) The law that was applicable at the time when a crime was committed shall be applied upon the person who has committed the crime.

(2) If the law has changed once or several times after the crime was committed, that law shall be applied which is more lenient towards the offender.

(3) If this law prescribes a new alternative measure, a safety measure or an educational measure, it can be applied only if it corresponds to a previously prescribed measure and if it is not more harmful to the perpetrator.

Macedonia - Criminal Code 1996 (2018) EN

''GENERAL PART, 1. GENERAL PROVISIONS, Obligatory implementation of a more lenient criminal law, Article 3''

1) The law that was applicable at the time when a crime was committed shall be applied upon the person who has committed the crime.

2) If the law has changed once or several times after the crime was committed, that law shall be applied which is more lenient towards the perpetrator.

3) Should this law proscribe any new alternative measure, a security measure or an educational measure, any such measure may be ordered only if it corresponds to some previously proscribed specific measure and only if such a measure shall be not less favorable to the perpetrator.

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.