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 11 – Principle of Construction; General Purposes

(a) Principle of Construction. The provisions of the Code shall be

construed according to the fair import of their terms, but when the language is

susceptible to differing constructions it shall be interpreted to further the

general purposes stated in this Section and the special purposes of the

particular provision involved. The discretionary powers conferred by the Code

shall be exercised in accordance with the criteria stated in the Code and, in so far as such criteria are not decisive, to further the general purposes stated in this Section.

PART I: THE GENERAL PART

PRELIMINARY PROVISIONS

CHAPTER 10. PRELIMINARY PROVISIONS
Section 12 – Non-Statutory Crimes Abolished

No conduct constitutes an offense unless it is an offense under this Code

or another statute of the Maldives.

REQUIREMENTS OF OFFENSE LIABILITY

CHAPTER 20. BASIC REQUIREMENTS OF OFFENSE LIABILITY AND

DEFENSES RELATED TO THE OFFENSE HARM OR WRONG

Section 28 – Customary License; De Minimis Infraction; Conduct Not

Envisaged by Parliament as Prohibited by the Offense

The court shall dismiss a charged offense if, having regard to the nature

of the conduct charged to constitute an offense and the nature of the attendant

circumstances, it finds that the person’s conduct:

(a) was within a customary license or tolerance that:

(1) was not expressly negatived by the person whose interest was

infringed, and

(2) is not inconsistent with the purpose of the law defining the

offense; or

(b) caused a harm or wrong too trivial to warrant the condemnation of

criminal conviction; or

(c) did not actually cause the harm or wrong sought to be prohibited by

the law defining the offense.

(d) Requirement of Written Statement. The court shall not dismiss a

charged offense under this Section without filing a written statement of its

reasons.