Non-retroactivity

Burkina Faso

Burkina Faso - Constitution 1991 (2015) EN

Title 1 Of the Fundamental Rights and Duties

Chapter 1 Of Civil Rights and Duties

Article 5

The penal law does not have retroactive effect. One may only be judged and punished by virtue of a law promulgated and published prior to the punishable act.

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.