'Nullum crimen sine lege' in document 'Turkey - Criminal Code (ENG)'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

FIRST VOLUME
General Provisions

FIRST CHAPTER
Basic Principles, Definitions and Field Of Application

FIRST SECTION
Basic Principles and Definitions

Legality rule in offences and punishments

ARTICLE 2- (1) A person may neither be punished nor be imposed cautionary judgment for an act which does not explicitly constitute an offence within the definition of the Law. Furthermore, application of punishments and security precautions besides those stipulated in this Law is not allowed.

FIRST VOLUME
General Provisions

FIRST CHAPTER
Basic Principles, Definitions and Field Of Application

FIRST SECTION
Basic Principles and Definitions

Legality rule in offences and punishments

ARTICLE 2-(3) Application of provisions of the Laws relating to crimes and punishments by analogy is prohibited. The provisions relating to crimes and punishments may not be interpreted in way to lead to analogy.

FIRST VOLUME
General Provisions

FIRST CHAPTER
Basic Principles, Definitions and Field Of Application

SECOND SECTION Field Of Application
In Respect of Time

ARTICLE 7- (1) A person may neither be punishment nor subject to a security measure for an act which does not constitute an offense according to the law in force at the time of commission of the offense. Also, one may neither be punished nor subject to a security measure for an act which does not constitute an offense according to the law which put into force after the commission of the offense. Where a punishment or security precautions of that sort is imposed, its execution and legal consequences are spontaneously abrogated.

(2) Where there are differences between provisions of the law in force at the time of commission of the offense and the provisions of the law subsequently put into force, the law which is in favor of the perpetrator is applied and enforced.

(3) The law in force at the time of conviction is applied in respect of execution of security precautions.

(4) The provisional or permanent laws are continued to be applied for the offenses which are committed during the period when they are in force.

RELEVANT ROME STATUTE PROVISIONS

Article 22
Nullum crimen sine lege
1. A person shall not be criminally responsible under this Statute unless the conduct in question constitutes, at the time it takes place, a crime within the jurisdiction of the Court.
2. The definition of a crime shall be strictly construed and shall not be extended by analogy. In case of ambiguity, the definition shall be interpreted in favour of the person being investigated, prosecuted or convicted.
3. This article shall not affect the characterization of any conduct as criminal under international law independently of this Statute.