Non-retroactivity

Kyrgyzstan

Kyrgyzstan - Constitution 2010 EN

SECTION I
FUNDAMENTALS OF CONSTITUTIONAL ORDER

Article 6

5. A law or any other regulatory legal act which establishes new obligations or which aggravates responsibility shall have no retroactive force.

SECTION II
HUMAN RIGHTS AND FREEDOMS

Chapter II
Human rights and freedoms

Article 28

1. A law establishing or aggravating the liability of a person shall not have retroactive force. No one may be held guilty of any act which did not constitute a criminal offence at the time when it had been committed. In the event that after committing an offence, provision is made for the removal of the liability or imposing of a lighter penalty, then the new law shall be applied.

Kyrgyzstan - Criminal Code 1997 (2008) EN

GENERAL PART

SECTION I. CRIMINAL LAW

CHAPTER 2. CRIMINAL LAW BOUNDS

Article 7. The Criminal Law Force in Time

(1) Criminality and penality of an act shall be determined by law effective at the time such act was committed.

(2) The law that eliminates penality of an act or mitigates sentence is retroactive, i.e. applied to persons who committed the crime before the effective date of such law, including those serving or having served sentence but having prior conviction.

(3) The law that determines penality of act, aggravates sentence or otherwise deteriorates the state of the person shall not have retroactive effect.

Kyrgyzstan - Criminal Procedure Code 1999 (2008) EN

GENERAL PART

SECTION I. GENERAL PROVISIONS

CHAPTER 1. MAJOR PROVISIONS

Article 3. Limits for Application of the Criminal Procedure law

(6) Criminal procedure law charging new responsibilities on, directly or indirectly revoking or derogating the right of the proceeding’s participants, limiting their application by special conditions, shall have no retroactive effect.

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.