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

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Chapter I. Conditions for Authority of Penalties, Sphere of Application of Penal Law et al.

Art. 2

If a criminal statute has been amended from the time an act is committed until Judgment is rendered, the Judgment shall be based on the new statute, both regarding the criminality of the act and the penalty imposed. A penalty may, however, never be imposed unless provided for by Law at the time of commission and cannot be ordered heavier than it would have been under that Law. If a criminal provision has been invalidated for reasons unrelated to a change in the legislator's assessment of the criminality of an act, the Judgment shall be based on the Law in force at the time of commission.

If an act ceases to be punishable for reasons other than those stated above, the penalty ordered as a result of the act shall be cancelled to the extent it has not already been enforced. Any other results of an act's criminality under the older Law shall also be cancelled, except an order to pay legal costs. In such a case the question whether the penalty ordered shall be cancelled, or reduced if the Judgment has also been rendered with respect to other offences, may be referred to the Court that rendered the Judgment at the District level, or a Court in the home venue of the offender. Appeal can be lodged against the conclusion of the District Court.

Chapter I. Conditions for Authority of Penalties, Sphere of Application of Penal Law et al.

Art. 3

When criminal legislation provides for increased penalties or other sanctions on account of a repeated offence, the penalty determined in accordance with older legislation shall have such effect as provided for therein, as if it had been imposed in accordance with the newer legislation.

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.