'Non-retroactivity' in document 'Maldives - Constitution'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CHAPTER II
FUNDAMENTAL RIGHTS AND FREEDOMS

59. Retrospective legislation

(a) No person shall be found guilty of any act or omission which did not constitute an offence
under Islamic Shari’ah or law at the time committed. Nor shall a more severe penalty be imposed than the one applicable at the time the offence was committed. If the punishment for an offence has been reduced between the time of commission and the time of sentencing, the accused is entitled to the benefit of the lesser punishment.

(b) This Article shall not prejudice the trial and punishment of any person for any act which was criminal according to international law.

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.