'Non-retroactivity' in document 'Marshall Islands - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

TITLE 31. CRIMES AND PUNISHMENTS

CHAPTER 1.
CRIMINAL CODE

PART XXIX - PUNISHMENTS ; JUDGMENT AND SENTENCING

ยง 191. Effect of new laws ; severability.

(1) Crimes committed prior to the effective date of a new law are subject to prosecution and punishment under the law as it existed at the time the crime was committed.

(2) If any portion of a criminal law is deemed unenforceable and that portion can be judicially severed from the remaining portions of the law, those remaining portions will remain in 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.