Nullum crimen sine lege

Kyrgyzstan

Kyrgyzstan - Constitution 2021 EN

Article 57.

1. Everyone shall be presumed innocent of committing a crime and/or offense until their guilt is proven in the manner prescribed by law and established by a court sentence that has entered into legal force. Violation of this principle shall be a ground for judicial compensation of material and moral damages.

Kyrgyzstan - Criminal Code 2021 (2024) EN

Article 2. Principle of legality

The criminality of an act and its punishability, as well as other criminal-legal consequences, are determined only by this Code.

Article 3. Principle of legal certainty

1. Legal certainty means the possibility of precisely establishing by this Code the grounds for criminal liability for a crime, as well as all the elements of the crime.

2. The criminal law must clearly and distinctly define the punishable act (action or inaction) and is not subject to broad interpretation.

3. The application of criminal law by analogy is prohibited.

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

(1) Criminal proceedings shall be conducted as provided by the law, effective at the moment of investigation and the court proceedings.

Rome Statute

Article 22 Nullum crimen sine lege

1. A person shall not be criminally responsible under this Statute unless the conduct in question constitutes, at the time it takes place, a crime within the jurisdiction of the Court.

2. The definition of a crime shall be strictly construed and shall not be extended by analogy. In case of ambiguity, the definition shall be interpreted in favour of the person being investigated, prosecuted or convicted.

3. This article shall not affect the characterization of any conduct as criminal under international law independently of this Statute.