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

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

SECTION ONE. CRIMINAL LAW

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.