'Non-retroactivity' in document 'Kyrgyzstan - Constitution'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

SECTION I
FUNDAMENTALS OF CONSTITUTIONAL ORDER

Article 6

5. A law or any other regulatory legal act which establishes new obligations or which aggravates responsibility shall have no retroactive force.

SECTION II
HUMAN RIGHTS AND FREEDOMS

Chapter II
Human rights and freedoms

Article 28

1. A law establishing or aggravating the liability of a person shall not have retroactive force. No one may be held guilty of any act which did not constitute a criminal offence at the time when it had been committed. In the event that after committing an offence, provision is made for the removal of the liability or imposing of a lighter penalty, then the new law shall be applied.

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.