Chapter II
Fundamental Rights, Freedoms and Duties
§ 23.
No one may be convicted of an act which did not constitute a criminal offence under the law in force at the time the act was committed.
Chapter II
Fundamental Rights, Freedoms and Duties
§ 23.
No one may be sentenced to a penalty that is more severe than the one that was applicable at the time the offence was committed. If, subsequent to the commission of the offence, the law makes provision for a lighter penalty, the lighter penalty applies.
Chapter 1GENERAL PROVISIONS
§ 3. Territorial and temporal applicability of the law of criminal procedure
(2) The law of criminal procedure that applies In criminal proceedings is the law in force at the time of performance of the procedural act.
Part 1 GENERAL PART
Chapter 1 GENERAL PROVISIONS
§ 2. Basis for punishment
(1) No one shall be convicted or punished for an act which was not an offence pursuant to the law applicable at the time of the commission of the act.
Part 1 GENERAL PART
Chapter 1 GENERAL PROVISIONS
§ 5. Temporal applicability of penal law
(1) A punishment shall be imposed pursuant to the law in force at the time of commission of the act.
(2) An Act, which precludes punishability of an act, mitigates a punishment or otherwise alleviates the situation of a person shall have retroactive effect on the person who has not been punished for this act by a judgment which has entered into force. An Act, which precludes punishability of an act, punishment by imprisonment or shortens imprisonment, shall also have retroactive effect on a person who is serving a sentence of imprisonment imposed on him or her by a judgment which has entered into force or with respect to whom the imprisonment imposed by a judgment which has entered into force is enforced. In such case the punishment is reduced to the maximum punishment prescribed for a similar act in the new Act, or if the act is no longer punishable as a criminal offence, the person shall be released from imprisonment.
(3) An Act which declares an act as punishable, aggravates a punishment or otherwise exacerbates the situation of a person shall not have retroactive effect.
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.