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

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

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

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

TITLE TWELVE
APPLICABILITY OF CRIMINAL LEGISLATIONOF MONTENEGRO

Applicability of criminal legislation with respect to Time

Article 133
(1) A perpetrator shall be subject to the law in force at the time of commission of the criminal offence.

(2) Where a law is amended in the course of commission of a criminal offence, applicable law shall be the law in effect at the time of completion of the criminal offence.

(3) Where a law is amended once or several times after the commission of a criminal offence, applicable law shall be the law which is most favourable to the perpetrator.

(4) A perpetrator of a criminal offence which is qualified by a law which has limited time of application shall be subject to that law irrespective of the time of trial, unless otherwise laid down by that law.

(5) Security measures and correctional measures provided for by the new law may be applied To a perpetrator provided that they are not less favourable to him than those that could have applied under the law in force at the time of commission of the criminal offence.

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.