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

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

General provision

Section I
Criminal Legislation

CHAPTER 1

Article 5. Principle of legality

5.1. Criminal action (actions or inaction), and also punishments for this actions and other measures of criminal - legal nature shall be determined only by the present Code.

5.2. Application of the criminal law by analogy shall not be allowed.

General provision

Section I
Criminal Legislation

CHAPTER 2
ACTION OF THE CRIMINAL LAW

Article 10. Action of the criminal law in time

10.1. The criminality and punish of action (action or inaction) shall be determined by the criminal law, exercised during commitment of this action (action or inaction). No one shall be applied to criminal liability for action, which was not admitted as a crime at the time of committing it.

General provision

Section I
Criminal Legislation

CHAPTER 2
ACTION OF THE CRIMINAL LAW

Article 12. Implementation of the criminal law concerning the persons who have committed a crime out of border of the Azerbaijan Republic

12.1. Citizens of the Azerbaijan Republic and persons constantly living on the Azerbaijan Republic without the citizenship, who have committed action (action or inaction) out of border of the Azerbaijan Republic, shall be instituted to the criminal liability under the present Code, if this action is recognized as a crime in the Azerbaijan Republic and in the state on the territory of which it was committed, and if these persons were not condemned in the foreign state.

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.