Non-retroactivity

Burundi

Burundi - Constitution 2005 (2018) EN

Title 2 Of the Charter of Fundamental Rights and Duties, of the Individual and of the Citizen

Article 41

No one will be condemned for acts or omissions, which in the moment they were committed were not considered an infraction.

In the same manner, penalties greater than those applicable at the time the infraction was committed cannot be implemented.

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.