'Nullum crimen sine lege' in document 'Croatia - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CROATIA CRIMINAL CODE

CROATIA CRIMINAL CODE

GENERAL PART

CHAPTER ONE (i.) BASIC PROVISIONS

Article 2

(1) Criminal offenses and criminal sanctions may be prescribed only by statute.

(2) No one shall be punished, and no criminal sanction shall be applied, for conduct which did not constitute a criminal offense under a statute or international law at the time it was committed and for which the type and range of punishment by which the perpetrator can be punished has not been prescribed by statute.

CROATIA CRIMINAL CODE

GENERAL PART

CHAPTER TWO (ii) – APPLICABILITY OF THE CRIMINAL LEGISLATION OF THE REPUBLIC OF CROATIA

(3) In the case referred to in Article 14, paragraph 4 of this Code, when the committed act is not punishable under the law in force in the country in which it was committed but is deemed to be a criminal offense according to the general principles of law of the international community, the State Attorney of the Republic of Croatia may authorize the institution of criminal proceedings in the Republic of Croatia and the application of the criminal legislation of the Republic of Croatia.

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.