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