'Non-retroactivity' in document 'Norway - General Civil Penal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part I. General Provisions

Introductory Provisions

Section 3. If the criminal legislation has been amended in the period following the commission of an act, the penal provisions in force at the time of its commission shall be applicable to the act unless otherwise provided.

The penal provisions in force at the time a particular issue is decided shall be applicable when they lead to a decision more favourable to the person charged than the provisions in force at the time of commission of the act. However, in the case of an appeal, interlocutory appeal, or a petition for reopening a case, no account shall be taken of provisions that come into force only after the decision occasioning the appeal, interlocutory appeal, or petition for reopening the case, has been made.

If a prosecution or execution of sentence has been lawfully commenced, no account shall be taken of the fact that by a subsequent enactment the right to prosecute or to execute sentence is statute-barred or the prosecution is made dependent on an application by the aggrieved person or is left to him.

The time-limit prescribed by a new statute for an aggrieved person's right to prosecute or to apply for a prosecution shall in no case begin to run until the said statute comes into 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.