'Jurisdiction ratione temporis' in document 'Timor-Leste - Criminal Procedure Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

DECREE-LAW No. 13/2005 OF APPROVING THE CRIMINAL PROCEDURE CODE

Article 3
Serious Crimes

All provisions regulating cases related to serious crimes committed between 1 January and 25 October 1999 remain in force, notably those contained:

(a) in sub-articles 9.1, 9.2 and 9.4 of UNTAET Regulation No. 2000/11, of 6 March, as it currently reads;
(b) in UNTAET Regulation No. 2000/15, of 6 June.

CRIMINAL PROCEDURE CODE

PART I
ON THE GENERAL PART

TITLE I
PRELIMINARY AND GENERAL PROVISIONS

Article 4
Application of the law over time

1. The criminal procedure law shall be immediately applicable, without prejudice to acts practised during the time the previous law was in force.

2. The criminal procedure law shall not apply to proceedings initiated before its entry into force where from its immediate applicability may result.

(a) considerable aggravation, which can still be avoided, of the procedural situation of
the defendant, namely a limitation on his or her right to counsel; or
(b) breach of harmony and unity of the various acts of the proceeding.

RELEVANT ROME STATUTE PROVISIONS

Article 11
Jurisdiction ratione temporis
1. The Court has jurisdiction only with respect to crimes committed after the entry into force of this Statute.
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.