Non-retroactivity

Germany

Germany - Criminal Code 1871 (2013) EN

GENERAL PART

CHAPTER ONE
THE CRIMINAL LAW

FIRST TITLE
APPLICATION, JURISDICTION RATIONE LOCI ET TEMPORIS

Section 1
No punishment without law

An act may only be punished if criminal liability had been established by law before the act was committed.

GENERAL PART

CHAPTER ONE
THE CRIMINAL LAW

FIRST TITLE
APPLICATION, JURISDICTION RATIONE LOCI ET TEMPORIS

Section 2
Jurisdiction ratione temporis; lex mitior

(1) The penalty and any ancillary measures shall be determined by the law which is in force at the time of the act.

(2) If the penalty is amended during the commission of the act, the law in force at the time the act is completed shall be applied.

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.