'Non-retroactivity' in document 'Afghanistan - Penal Code'

Jump to:

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

First Book
General Provisions

Section One
Preliminary Provisions

CHAPTER ONE
General Principles and Definitions

Article 3 :

No one can be punished but in accordance with the provisions of the law which has been enforced before commitment of the act under reference.

First Book
General Provisions

Section One
Preliminary Provisions

CHAPTER TWO
Applicability of the Law

Part Two
Applicaticn of the Law from the Point of View of Time

Article 21 :

(1) A person committing a crime is punished in accordance with a law that is in force at the time of commitment of the act, except when before pronouncement of the final verdict a new law which is in favour of the accused comes into force.

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.