'Nullum crimen sine lege' 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upon the entry of this Law into force the main hearing has not begun yet, or if a senior court acting on a remedy has repealed the decision issued in the first instance and has returned the case for re-trial, the main hearing and further proceedings shall be conducted pursuant to the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 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.