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.
Article 8. Operation of Criminal law in Time
1. Criminality, punishability and other criminal-legal consequences of the act shall be determined by the criminal law in force at the time of commission thereof.
2. Time of committing the criminal offence provided for in this Code shall be deemed to be the time of committing an action or inaction, irrespective of the moment the consequences ensue.
Article 9. Retroactive Effect of Criminal Legislation
1. The legislation defining criminality of an act, aggravating the punishment or otherwise deteriorating the condition of a person having committed a criminal offence or an act prescribed for by the criminal legislation shall not have a retroactive effect.
2. The legislation fully or partially removing criminality of an act or mitigating punishment shall have a retroactive effect. In this case it applies to those persons having committed a criminal offence or an act provided for by criminal legislation before it had entered into force, in regard to whom there is no final judicial act entered into legal force.
3. After the entry into legal force of the final judicial act the legislation fully or partially removing the criminality of an act shall have retroactive effect. After the entry into legal force of the final judicial act the legislation mitigating punishment shall have retroactive effect, if the punishment imposed is more severe than the maximum term of the punishment provided for by the legislation that has entered into force. In such cases, it shall apply to those persons having committed a criminal offence or an act prescribed for by criminal legislation before its entry into force, who have served or serve a punishment, but have a conviction.
4. The legislation otherwise improving the status of a person having committed a criminal offence or other act prescribed for by criminal legislation shall have a retroactive effect if it is provided for by law.
5. An interim criminal legislation that has entered into force after the committal of a criminal offence or an act prescribed for by the criminal legislation, but has been repealed before the final judicial act has been adopted by the competent body, shall be retroactively applied in accordance with the criteria provided for in this Article.
6. The law partially mitigating and, at the same time, partially aggravating the punishment, shall have a retroactive effect in accordance with the criteria provided for in this Article only in respect to the part that mitigates the punishment.
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.