Nullum crimen sine lege

Congo, Democratic Republic of the

DRC - Constitution 2006 (2011) EN

TITLE II OF HUMAN RIGHTS, OF FUNDAMENTAL FREEDOMS AND OF THE DUTIES OF THE CITIZEN AND OF THE STATE

Chapter 1 Of Civil and Political Rights

Article 17

No one may be prosecuted for an act or an omission which did not constitute an infraction at the time it was committed and at the time of the prosecution.

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.