'Non-retroactivity' in document 'Kyrgyzstan - Criminal Code (ENG)'

Jump to:

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

SECTION I. CRIMINAL LAW

CHAPTER 2. CRIMINAL LAW BOUNDS

Article 7. The Criminal Law Force in Time

(1) Criminality and penality of an act shall be determined by law effective at the time such act was committed.

(2) The law that eliminates penality of an act or mitigates sentence is retroactive, i.e. applied to persons who committed the crime before the effective date of such law, including those serving or having served sentence but having prior conviction.

(3) The law that determines penality of act, aggravates sentence or otherwise deteriorates the state of the person shall not have retroactive 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.