Spans in 'Mongolia - Criminal Code' tagged with 'Non-retroactivity'

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

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More information about the keyword 'Non-retroactivity'
More information about the document 'Mongolia - Criminal Code'
The relevant provisions of implementing legislation: [1] [2]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

TITLE 1
GENERAL PROVISIONS

CHAPTER TWO
APPLICATION OF THE CRIMINAL CODE IN TIME, TERRITORY AND WITH REGARD TO THE PERSONS FALLING INTO ITS SCOPE

Article 11. Application of the Criminal Code In Time

11.1. Criminality of and criminal liability for a socially dangerous acts (omissions) shall be determined according to the Criminal Code in force at the time of committing them.

11.2. Irrespective of the time of revealing of the harm caused by a crime, the moment it was committed shall be considered time of its commission.

GENERAL PART

TITLE 1
GENERAL PROVISIONS

CHAPTER TWO
APPLICATION OF THE CRIMINAL CODE IN TIME, TERRITORY AND WITH REGARD TO THE PERSONS FALLING INTO ITS SCOPE

Article 12. Grounds and rules of retroactive application of the criminal law

12.1. A law decriminalizing an act (omission) or mitigating the penalty for it, improving the legal status of the person who commits the crime shall apply retroactively to an accused, defendant or the person who has served the penalty but who's conviction has not been expunged.

12.2. A law criminalizing an act (omission) or toughening the penalty for it, worsening the legal status of the person who committed crime shall not apply retroactively to an accused, defendant or the person who has served the penalty but who's conviction has not been expunged.

12.3. A court shall reduce the penalty of a culprit who has been imposed one higher than the maximum amount established by a new law.

12.4. A court shall reduce the penalty of a culprit who has been imposed one higher than the minimum amount in case a new law establishes a lower one.

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.