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

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

General Part

Chapter I
General Provisions

Section 5. Time When The Criminal Law is In Force

(1) The criminality and punishability of an offence (act or failure to act) are determined by the law, which was in force at the time the offence was committed.

(2) A law which recognises an offence as not punishable, reduces the punishment or otherwise is beneficial to a person, as long as it is not provided otherwise by the applicable law, has retrospective effect, that is, it applies to offences which have been committed prior to the applicable law coming into force, as well as to a person who is serving a punishment or has served a punishment but regarding whom conviction remains in effect.

(3) A law, which recognises an offence as punishable, increases the punishment, or is otherwise not beneficial to a person, does not have retrospective effect.

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.