'Non-retroactivity' in document 'Papua New Guinea - Constitution'

Jump to:

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART III. – BASIC PRINCIPLES OF GOVERNMENT.

Division 3. – Basic Rights.

Subdivision B. – Fundamental Rights.

37. PROTECTION OF THE LAW.

(7) No person shall be convicted of an offence on account of any act that did not, at the time when it took place, constitute an offence, and no penalty shall be imposed for an offence that is more severe in degree or description than the maximum penalty that might have been imposed for the offence at the time when it was committed.

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.