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

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

Chapter I
Principles of penal liability

Article 1. § 1. Penal liability shall be incurred only by a person who commits an act prohibited
under penalty, by a law in force at the time of its commission.

GENERAL PART

Chapter I
Principles of penal liability

Article 4. § 1. If at the time of adjudication the law in force is other than that in force at the time of
the commission of the offence, the new law shall be applied. However, the former law should be applied if it is more lenient to the perpetrator.

§ 2. If, according to the new law, the act to which the sentence pertained is subject to a penalty
whose upper limit is lower than the penalty imposed, this penalty shall be lowered to the upper limit of the statutory penalty provided for such an act in the new law.

§ 3. If, according to the new law, the act to which the sentence pertained, is no longer subject to
penalty of imprisonment, such an enforceable penalty is commuted to a fine or to a restriction of liberty, assuming that one month deprivation of liberty is equivalent to 60 times the daily fine or two months restriction of liberty.

§ 4. If according to the new law the act to which the sentence pertained is no longer prohibited
under penalty, the sentence shall be expunged by virtue of the law.

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.