'Nullum crimen sine lege' in document 'Portugal - Penal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

BOOK I-GENERAL PART

TITLE I-THE CRIMINAL LAW

SINGLE CHAPTER-GENERAL PRINCIPLES

Article 1
Principle of legality

1- An act may only be criminally punished if it was determined punishable by law before the act was committed.

2- Security measures may only be applied to cases of perilousness, if its conditions are determined by law previous to its fulfilment.

3- An appeal to analogy is not permitted to qualify an act as criminal, to define a case of perilousness, or to determine a penalty or a corresponding security measure.

RELEVANT ROME STATUTE PROVISIONS

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.