Nullum crimen sine lege

Croatia

Croatia - Constitution 1990 (2001) EN

CONSTITUTION OF THE REPUBLIC OF CROATIA

III. PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS

2. PERSONAL AND POLITICAL LIBERTIES AND RIGHTS

Article 31

No one may be punished for an act which, prior to its commission, was not defined as a punishable offence by domestic or international law, nor may such individual be sentenced to a penalty which was not then defined by law. If a less severe penalty is determined by law after the commission of said act, such penalty shall be imposed.

Croatia - Constitution 1990 (2013) EN

III. Protection of Human Rights and Fundamental Freedoms
2. Personal and Political Freedoms and Rights
Article 31
No one may be punished for an act which, prior to its commission, was not defined as a punishable offence by domestic or international law, nor may he such individual be sentenced to a penalty which was not then defined by law. If a less severe penalty is determined by law after the commission of said act, such penalty shall be imposed .

Croatia - Criminal Code 1997 (2008) EN

CROATIA CRIMINAL CODE

CROATIA CRIMINAL CODE

GENERAL PART

CHAPTER ONE (i.) BASIC PROVISIONS

Article 2

(1) Criminal offenses and criminal sanctions may be prescribed only by statute.

(2) No one shall be punished, and no criminal sanction shall be applied, for conduct which did not constitute a criminal offense under a statute or international law at the time it was committed and for which the type and range of punishment by which the perpetrator can be punished has not been prescribed by statute.

CROATIA CRIMINAL CODE

GENERAL PART

CHAPTER TWO (ii) – APPLICABILITY OF THE CRIMINAL LEGISLATION OF THE REPUBLIC OF CROATIA

(3) In the case referred to in Article 14, paragraph 4 of this Code, when the committed act is not punishable under the law in force in the country in which it was committed but is deemed to be a criminal offense according to the general principles of law of the international community, the State Attorney of the Republic of Croatia may authorize the institution of criminal proceedings in the Republic of Croatia and the application of the criminal legislation of the Republic of Croatia.

Croatia - Implementation of Statute of ICC 2003 (2004) EN

IX. TRANSITIONAL AND FINAL PROVISIONS
APPLICATION OF PROVISIONS OF THE LAW RELATED TO THE INTERNATIONAL CRIMINAL COURT
Article 47
The provisions of this Law related to the International Criminal Court and the cooperation with it, and the arrest and surrender of the accused shall be applied with regard to the criminal offences referred to in Article 5 of the Statute committed as of the entering into force of the Statute (1st July 2002).

APPLICATION OF PROVISIONS OF THIS LAW TO THE CRIMINAL OFFENCES REFERRED TO IN ARTICLE 1 OF THIS LAW
Article 48
(1) The provisions hereof related to detection and prosecution of criminal offences referred to in Article 1 of this Law in the Republic of Croatia and to the organization of government bodies (Article 7 - 16) shall be applied as of the date of entry of this Law into force, irrespectively of when the criminal offence was committed and whether the criminal proceedings before a competent court have been instituted.
(2) If upon the entry of this Law into force the investigation is already under way, it shall be completed pursuant to the provisions of the Criminal Procedure Act.
(3) If upon the entry of this Law into force the main hearing has not begun yet, or if a senior court acting on a remedy has repealed the decision issued in the first instance and has returned the case for re-trial, the main hearing and further proceedings shall be conducted pursuant to the provisions hereof before the courts competent and composed pursuant to this Law.

LAW on the Implementation of the Statute of the International Criminal Court and the Prosecution of Crimes against International Law of War and Humanitarian Law

VIII. PARTICIPATION OF THE REPUBLIC OF CROATIA IN THE WORK OF THE INTERNATIONAL CRIMINAL COURT

Article 45

(1) The provisions hereof related to uncovering and prosecuting crimes in the Republic of Croatia and to the organisation of government bodies (Articles 7-16 hereof) shall be applied as of the date of the entry of this Law into force, irrespectively of when the crime was committed and whether the criminal proceedings before a competent court have been instituted.

(2) If upon the entry of this Law into force the investigation is already under way, it shall be completed pursuant to the provisions of the Law on Criminal Procedure.

(3) If upon the entry of this Law into force the main hearing has not begun yet, or if a senior court acting on a remedy has repealed the decision issued in the first instance and has returned the case for re-trial, the main hearing and further proceedings shall be conducted pursuant to the provisions hereof before the courts competent and staffed pursuant to this Law.

Rome Statute

Article 22 Nullum crimen sine lege

1. A person shall not be criminally responsible under this Statute unless the conduct in question constitutes, at the time it takes place, a crime within the jurisdiction of the Court.

2. The definition of a crime shall be strictly construed and shall not be extended by analogy. In case of ambiguity, the definition shall be interpreted in favour of the person being investigated, prosecuted or convicted.

3. This article shall not affect the characterization of any conduct as criminal under international law independently of this Statute.