Spans in 'Germany - Criminal Code' tagged with 'Non-retroactivity'

'Non-retroactivity' in document 'Germany - Criminal Code'

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More information about the keyword 'Non-retroactivity'
More information about the document 'Germany - Criminal Code'
The relevant provisions of implementing legislation: [1] [2] [3]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

CHAPTER ONE
THE CRIMINAL LAW

FIRST TITLE
APPLICATION, JURISDICTION RATIONE LOCI ET TEMPORIS

Section 1
No punishment without law

An act may only be punished if criminal liability had been established by law before the act was committed.

GENERAL PART

CHAPTER ONE
THE CRIMINAL LAW

FIRST TITLE
APPLICATION, JURISDICTION RATIONE LOCI ET TEMPORIS

Section 2
Jurisdiction ratione temporis ; lex mitior

(1) The penalty and any ancillary measures shall be determined by the law which is in force at the time of the act.

(2) If the penalty is amended during the commission of the act, the law in force at the time the act is completed shall be applied.

CHAPTER II. SCOPE OF APPLICATION OF CRIMINAL LAW

Article 3. Retroactivity of Criminal Law

1. The criminal law which nullifies criminality of the action, improves the condition of the offender shall be retroactive. The criminal law, which lays down the criminality of the action, toughens punishment or otherwise aggravates the condition of the offender, shall in no way be retroactive.
2. If a new criminal law commutes the sentence for the action wherefore the convict is serving it, this sentence must be shortened to the extent permitted by the new criminal law.
3. If, from the perpetration of the crime to conviction, the criminal law was changed several times, the most lenient law shall be applied.
4. Coercive measure of educative effect and coercive measure of medical nature shall be applied only under the law, which is applicable during the court settlement of the case.

RELEVANT ROME STATUTE PROVISIONS

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.