CHAPTER II
FUNDAMENTAL RIGHTS AND FREEDOMS
59. Retrospective legislation
(a) No person shall be found guilty of any act or omission which did not constitute an offence
under Islamic Shari’ah or law at the time committed. Nor shall a more severe penalty be imposed than the one applicable at the time the offence was committed. If the punishment for an offence has been reduced between the time of commission and the time of sentencing, the accused is entitled to the benefit of the lesser punishment.
(b) This Article shall not prejudice the trial and punishment of any person for any act which was criminal according to international law.
PART I: THE GENERAL PART
PRELIMINARY PROVISIONS
CHAPTER 10. PRELIMINARY PROVISIONS
Section 10 – Introduction, Title and Effective Date
(a) This Act prescribes criminal offenses, requirements of offense
liability, offence elements, penalties of offences, offence grades and
implications, defenses against offences, sentencing guidelines and
punishments along with all the procedures relating to determining of
penalties.
(b) This Act shall be cited as the “Penal Code of the Maldives.
(c) Effective Date. This Code shall take effect on the date following 12
months of this Act being approved and published in the Government
Gazette.
(d) Prior Offenses. As a general principle this Code does not apply to
offenses occurring or committed prior to its effective date.
Notwithstanding the aforesaid, in determining a sentence after
commencement of this Code, for a offence which has occurred or has
been committed prior to the effective date of this Code, where the
sentence prescribed for the offence under this Code is less than the
sentence prescribed under the previous Act, the penalty for the
offence shall be prescribed in accordance with this Code.
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.