'Non-retroactivity' in document 'Kazakhstan - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Section I. Criminal Law

Article 4. The Action of the Criminal Code in Time

The criminality and punishability of an act shall be defined by the law which was in effect during the time of the commission of that crime. The time of the commission of a socially dangerous act (failure to act), irrespective of the time of the emergence of consequences, shall be recognised as the time of the commission of a given crime.

Section I. Criminal Law

Article 5. Retroactivity of Criminal Law

1. A law which eliminates the criminality or punishability of a given act, and which mitigates liability or punishment for it, or which otherwise improves the status of a person who committed it, shall have retroactive force, that is, it shall apply to persons who committed relevant crimes prior to its introduction into effect, including persons who are serving their terms, or have served but still had a conviction on their record.

2. If a new criminal law mitigates punishability of a given act for which a person is serving a term, then the appointed punishment shall be subject to reduction within the sanctions of that newly adopted criminal law.

3. A law, which establishes criminality or punishability of an act, which increases liability or punishment, or otherwise deteriorates the status of a person who committed that act, 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.