Article 72. Principle of Lawfulness in Defining Crimes and Imposing Punishments
No one shall be sentenced for an action or inaction not deemed to be a crime at the time of committal. A punishment more severe than that applicable at the time of committing the criminal offence may not be imposed. A law decriminalising an act or mitigating the punishment therefor shall have retroactive effect.
Article 73. Retroactive Effect of Laws and Other Legal Acts
1. Laws and other legal acts deteriorating the legal condition of a person shall not have retroactive effect.
2. Laws and other legal acts improving the legal condition of a person shall have retroactive effect where these acts so provide for.
General Part
Section 1.
Criminal legislation
Chapter 2.
Operation of the criminal law in time and space
Article 12. Operation of the criminal law in time
1. The criminality and punishability of the act is determined by the acting criminal law at the time of committal of the offence .
General Part
Section 1.
Criminal legislation
Chapter 2.
Operation of the criminal law in time and space
Article 13. Retroactive effect of criminal law.
1. The law eliminating the criminality of the act, mitigating the punishment or improving the status of the criminal in any way, has retroactive effect, i.e., this law is extended to the persons who committed this act before this law had taken effect, including those persons who are serving the punishment or served the punishment, but have a record of conviction.
2. The law stipulating the criminality of the act, making the punishment more severe or worsening the status of the criminal in any other way, has no retroactive effect.
3. The law partially mitigating the punishment and, in the meantime, partially making the punishment more severe has retroactive effect only in respect to the part which mitigates the punishment .
GENERAL PART
Section One : GENERAL PROVISIONS
CHAPTER 1. LEGISLATION ON CRIMINAL PROCEDURE
Article 4. Effect of the Criminal-Procedure Law in the Course of Time
1. Proceedings in a criminal case shall be governed by the criminal-procedure law applicable at the time of inquest, preliminary investigation, or trial, respectively.
2. Any criminal-procedure law, which eliminates or limits the rights conferred upon the participants of proceedings or disparages their situation, shall not have retrospective effect, i.e., it shall not apply to any proceedings initiated before the effective date of such a law.
3. Admissibility of evidence shall be determined in accordance with the law applicable at the time the given evidence was obtained.
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.
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.