The General Part

Title I
Criminal law and its application restrictions

Chapter I
Preliminary provisions

Legality of incrimination and of criminal law sanctions

Art.2 – (2) No one can be sanctioned for an act not provided in the law as an offence at the perpetration date, nor can a penalty be applied or a security or educative measure be taken that is not provided by the law in force at the perpetration date.

The General Part

Title I
Criminal law and its application restrictions

Chapter II
Criminal Law Application

Section 1
Criminal Law application in time

Criminal Law Non-Retroactiveness and Retroactiveness

Art.5 - (1) Criminal law does not apply to acts that were not provided as offences by the law at the moment of their perpetration.

(2) Criminal law does not apply to actions committed under the former law if they are no longer mentioned in the new law.

In this case, the execution of penalties, security and educational measures handed down based on the former law, as well as all criminal consequences of court decisions concerning these acts, shall cease by the entry into force of the new law.

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.