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

Jump to:

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

SECTION I. CRIMINAL LAW

CHAPTER 1. Objectives and principles of the Criminal Legislation
Grounds for criminal responsibility

Article 4. Principle of Legality

(3) Application of the criminal law by analogy is not allowed.

GENERAL PART

SECTION I. CRIMINAL LAW

CHAPTER 2. Territorial Application of the Criminal Law and Question of its Retroactivity

Article 12. Duration of the Criminal Law

(1) Criminality and punishability of an act must be defined by the law being in force at the time it was committed.

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.