Article 32
(Application of criminal law)
2. The retroactive application of criminal law shall be prohibited, except where the content of subsequent law is more favorable to the defendant.
Article 32
(Application of criminal law)
4. No penalties or security measures may be applied unless they are expressly contemplated in an earlier law.
Cape Verde Legislative Decree 4/2003 of 18 November 2003 - PENAL CODE
VOLUME I - GENERAL PROVISIONS
TITLE I - GUARANTEES AND APPLICATION OF PENAL LAW
Article 1
(Principle of legality)
...
3. Penalties and security measures may be determined in accordance with the law in force at the time a deed is committed or the defining criteria justifying such penalties or security measures have been fulfilled.
Cape Verde Legislative Decree 4/2003 of 18 November 2003 - PENAL CODE
VOLUME I - GENERAL PROVISIONS
TITLE I - GUARANTEES AND APPLICATION OF PENAL LAW
Article 2
(Application of the most favourable regime)
1. If the penal provisions in force at the time of the commission of a deed differ from the penal provisions established in subsequent laws, the regime that is more favourable to the perpetrator shall be the regime applied.
2. A deed committed during the effective period of a temporary law shall be judged in accordance with that law, barring a legal provision to the contrary.
CODE OF PENAL PROCEDURE OF CAPE VERDE
PART ONE
PRELIMINARY VOLUME
FOUNDATIONS OF PENAL PROCEDURE
TITLE III THE LAW OF PENAL PROCEDURE AND ITS APPLICATION, AND SUFFICIENCY OF PENAL ACTION
CHAPTER I APPLICATION OF THE LAW OF PENAL PROCEDURE
Article 27
Application of the law of penal procedure in time
3. The law of penal procedure shall not apply to proceedings begun prior to its entry into force if its immediate application could result in the following:
(a) a worsening of the procedural situation of the accused, and in particular any limiting of his right of defence;
(b)a disruption of harmony and consistency among the various acts making up the proceedings .
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.