'Nullum crimen sine lege' in document 'Serbia - Constitution'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART TWO
HUMAN AND MINORITY RIGHTS AND FREEDOMS

1. Fundamental Principles

Legal certainty in criminal law
Article 34

No person may be held guilty for any act which did not constitute a criminal offence under law or any other regulation based on the law at the time when it was committed, nor shall a penalty be imposed which was not prescribed for this act.

The penalties shall be determined pursuant to a regulation in force at the time when the act was committed, save when subsequent regulation is more lenient for the perpetrator. Criminal offences and penalties shall be laid down by the 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.