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

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

Chapter I
THE CRIMINAL CODE AND THE PRINCIPLES OF ITS APPLICATION

Article 8. Criminal Law Action in Time

The criminal nature of the act and the punishment for such an act shall be set by criminal law in force at the moment when the act was committed.

GENERAL PART

Chapter I
THE CRIMINAL CODE AND THE PRINCIPLES OF ITS APPLICATION

Article 10. Retroactive Effect of Criminal Law

(1) Criminal law that eliminates the criminal nature of an act, that makes the punishment milder, or that in any other way improves the situation of the person who committed the crime shall have retroactive effect, meaning that it shall extend to persons who committed the respective acts prior to the date when this law took effect, including persons who are serving sentences or who served sentences but have criminal backgrounds.

(2) Criminal law that increases the punishment or worsens the situation of a person guilty of the commission of a crime shall not have retroactive effect.

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.