'Non-retroactivity' in document 'Timor-Leste - Criminal Procedure Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

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
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.