'Non-retroactivity' in document 'Armenia - Constitution'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CHAPTER 2 Fundamental Human and Civil Rights and Freedoms

Article 42. A person shall not be compelled to be a witness against himself or herself or against his or her spouse, or against a close relative. The law may foresee other circumstances relieving a person from the obligation to testify. Illegally obtained evidence shall not be used. A punishment may not exceed that which could have been met by the law in effect when the crime was committed. A person shall not be considered to be guilty for a crime if at the time of its commission the act was not legally considered a crime. Laws limiting or increasing liability shall not have retroactive effect.

CHAPTER 2- FUNDAMENTAL HUMAN AND CIVIL RIGHTS AND FREEDOMS

Article 22

Imposing of a heavier punishment than the one prescribed by the law in effect at the time when the crime was committed shall be prohibited.

No one shall be held guilty for a crime on account of any act which did not constitute a crime under the law in effect at the time when it was committed.

The law eliminating or mitigating the punishment for the offence shall be retroactive.

The law prescribing or increasing liability shall not be retroactive.

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.