Nullum crimen sine lege

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.

GENERAL PART

CHAPTER ONE
THE CRIMINAL LAW

FIRST TITLE
APPLICATION, JURISDICTION RATIONE LOCI ET TEMPORIS

Section 2
Jurisdiction ratione temporis; lex mitior

(4) A law intended to be in force only for a determinate time shall be continued to be applied to acts committed while it was in force even after it ceases to be in force, unless otherwise provided by 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.