General Part

Chapter I
General Provisions

Section 1. Basis of Criminal Liability

(2) To be found guilty of committing a criminal offence and to impose a criminal punishment may be done by a judgment of a court and in accordance with law.

(3) In the cases provided for by law, a person shall be found guilty of committing a criminal offence and a punishment determined also by a public prosecutor by drawing up an injunction regarding the punishment.

(4) An offence shall not be considered criminal, applying the law by analogy.

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.

(4) A person, who has committed a crime against humanity, a crime against peace, a war crime or has participated in genocide, shall be punishable irrespective of the time when such offence was committed.

Article 22
Nullum crimen sine lege
1. A person shall not be criminally responsible under this Statute unless the conduct in question constitutes, at the time it takes place, a crime within the jurisdiction of the Court.
2. The definition of a crime shall be strictly construed and shall not be extended by analogy. In case of ambiguity, the definition shall be interpreted in favour of the person being investigated, prosecuted or convicted.
3. This article shall not affect the characterization of any conduct as criminal under international law independently of this Statute.