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

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

Chapter 2
General Conditions Concerning the Application of the Provisions of the Criminal Law

ยง3 (1) Where the penal legislation in force at the time of the criminal proceedings in respect of any act differs from that in force at the time of the commission of that act, any questions concerning the punishable nature of the act and the punishment to be imposed shall be decided according to the more recent Statute, provided that the sentence may not be more severe than under the earlier Statute. If the repeal of the Statute is due to extraneous circumstances irrelevant to guilt, the act shall be dealt with under the earlier statute.

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.