'Non-retroactivity' in document 'Cape Verde - Criminal Procedure Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CODE OF PENAL PROCEDURE OF CAPE VERDE

PART ONE

PRELIMINARY VOLUME

FOUNDATIONS OF PENAL PROCEDURE

TITLE III THE LAW OF PENAL PROCEDURE AND ITS APPLICATION, AND SUFFICIENCY OF PENAL ACTION

CHAPTER I APPLICATION OF THE LAW OF PENAL PROCEDURE

Article 27
Application of the law of penal procedure in time

3. The law of penal procedure shall not apply to proceedings begun prior to its entry into force if its immediate application could result in the following:

(a) a worsening of the procedural situation of the accused, and in particular any limiting of his right of defence;

(b)a disruption of harmony and consistency among the various acts making up the proceedings .

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.