Non-retroactivity

Guinea

Guinea - Constitution 2010 EN

TITLE II: OF THE FUNDAMENTAL FREEDOMS, DUTIES AND RIGHTS

Article 9
No one may be arrested, detained or condemned except by virtue of a law promulgated prior to the acts alleged against them, for the motives and in the forms specified by the law.

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.