'Non-retroactivity' in document 'Croatia: Implementation of Statute of ICC'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

IX. TRANSITIONAL AND FINAL PROVISIONS
APPLICATION OF PROVISIONS OF THE LAW RELATED TO THE INTERNATIONAL CRIMINAL COURT
Article 47
The provisions of this Law related to the International Criminal Court and the cooperation with it, and the arrest and surrender of the accused shall be applied with regard to the criminal offences referred to in Article 5 of the Statute committed as of the entering into force of the Statute (1st July 2002).

APPLICATION OF PROVISIONS OF THIS LAW TO THE CRIMINAL OFFENCES REFERRED TO IN ARTICLE 1 OF THIS LAW
Article 48
(1) The provisions hereof related to detection and prosecution of criminal offences referred to in Article 1 of this Law in the Republic of Croatia and to the organization of government bodies (Article 7 - 16) shall be applied as of the date of entry of this Law into force, irrespectively of when the criminal offence was committed and whether the criminal proceedings before a competent court have been instituted.
(2) If upon the entry of this Law into force the investigation is already under way, it shall be completed pursuant to the provisions of the Criminal Procedure Act.
(3) If upon the entry of this Law into force the main hearing has not begun yet, or if a senior court acting on a remedy has repealed the decision issued in the first instance and has returned the case for re-trial, the main hearing and further proceedings shall be conducted pursuant to the provisions hereof before the courts competent and composed pursuant to this Law.

LAW on the Implementation of the Statute of the International Criminal Court and the Prosecution of Crimes against International Law of War and Humanitarian Law

VIII. PARTICIPATION OF THE REPUBLIC OF CROATIA IN THE WORK OF THE INTERNATIONAL CRIMINAL COURT

Article 45

(1) The provisions hereof related to uncovering and prosecuting crimes in the Republic of Croatia and to the organisation of government bodies (Articles 7-16 hereof) shall be applied as of the date of the entry of this Law into force, irrespectively of when the crime was committed and whether the criminal proceedings before a competent court have been instituted.

(2) If upon the entry of this Law into force the investigation is already under way, it shall be completed pursuant to the provisions of the Law on Criminal Procedure.

(3) If upon the entry of this Law into force the main hearing has not begun yet, or if a senior court acting on a remedy has repealed the decision issued in the first instance and has returned the case for re-trial, the main hearing and further proceedings shall be conducted pursuant to the provisions hereof before the courts competent and staffed pursuant to this Law.

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.