Non-retroactivity

Hungary

Hungary - Criminal Code 1978 (2012) EN

GENERAL PART
CHAPTER I
BASIC PROVISIONS

Principle of Legality

Section 1
(1) Criminal liability may be established only in connection with a conduct that a legal instrument requires to be criminalized at the time when committed, with the exception of acts which are punishable under universally acknowledged rules of international law.

GENERAL PART
CHAPTER II
JURISDICTION IN CRIMINAL MATTERS

Temporal Scope

Section 2
(1) Subject to the exceptions set out in Subsections (2)-(3), criminal offenses shall be adjudicated under the criminal law in effect at the time when they were committed.
(2) Where an act is no longer treated as a criminal offense, or if it draws a more lenient penalty under the new criminal law in effect at the time when it is adjudicated, this new law shall apply.
(3) The new criminal law shall apply with retroactive effect in connection with acts which are punishable under universally acknowledged rules of international law, if such acts did not constitute a criminal offense under Hungarian criminal law at the time when they were committed.

Hungary - Fundamental Law 2011 (2019) EN

FREEDOM AND RESPONSIBILITY

XXVIII. article
(4) No one shall be held guilty of any penal offense on account of any act or omission which did not constitute a penal offense, under national or international law, at the time when it was committed.
5. Paragraph 4 shall not preclude the prosecution and conviction of any person for an act which, at the time when it was committed, was criminal according to the generally recognized rules of international law.
(6) Except in exceptional cases specified by law, no one may be prosecuted or convicted of a criminal offense for which he or she has already been finally acquitted or convicted in accordance with the law in Hungary or, within the scope of an international treaty or an act of the European Union. .

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.