Nulla poena sine lege

Germany

Germany - Act on cooperation in criminal matters 1982 (2021) EN

Section 3
Extradition for prosecution or for enforcement

(1) Extradition is only permissible if the offence is also an unlawful act under German law which fulfils the elements of a criminal provision or if it would also constitute such an act under German law in the case of analogous conversion of the facts.

Germany - Basic Law 1949 (2019) EN

IX. The Judiciary

Article 103
[Fair trial]
(2) An act may be punished only if it was defined by a law as a criminal offence before the act was committed.

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.

Germany - Criminal Procedure Code 1950 (2024) EN

Section 155
Scope of judicial investigation and decision

(1) The investigation and decision extend only to the offence specified and to the persons accused in the charges.

(2) Within these limits, the courts are authorised and obliged to act independently; in particular, they are not bound by the parties’ applications when applying criminal law.

Rome Statute

Article 23 Nulla poena sine lege

A person convicted by the Court may be punished only in accordance with this Statute.