'Non-retroactivity' in document 'Cambodia - Criminal Law Provisions'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CAMBODIA – PENAL CODE

BOOK ONE - GENERAL PROVISIONS

TITLE 1 - THE CRIMINAL LAW

CHAPTER 2- TEMPORAL APPLICATION OF CRIMINAL LAW

Article 10: Lighter or heavier penalties
A new provision which prescribes a lighter penalty shall be applicable immediately.

However, final judgements shall be enforced regardless of the severity of the relevant penalties.

A new provision which prescribes a heavier penalty shall be applicable only to acts
committed after the provision came 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.