'Non-retroactivity' in document 'Cape Verde - Penal Code'

Jump to:

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Cape Verde Legislative Decree 4/2003 of 18 November 2003 - PENAL CODE

VOLUME I - GENERAL PROVISIONS

TITLE I - GUARANTEES AND APPLICATION OF PENAL LAW

Article 1
(Principle of legality)

...
3. Penalties and security measures may be determined in accordance with the law in force at the time a deed is committed or the defining criteria justifying such penalties or security measures have been fulfilled.

Cape Verde Legislative Decree 4/2003 of 18 November 2003 - PENAL CODE

VOLUME I - GENERAL PROVISIONS

TITLE I - GUARANTEES AND APPLICATION OF PENAL LAW

Article 2
(Application of the most favourable regime)

1. If the penal provisions in force at the time of the commission of a deed differ from the penal provisions established in subsequent laws, the regime that is more favourable to the perpetrator shall be the regime applied.

2. A deed committed during the effective period of a temporary law shall be judged in accordance with that law, barring a legal provision to the contrary.

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.