Chapter Two – Fundamental Rights and Freedoms

Part Two: Fundamental Human Rights and Freedoms

Article 17

(2) No one must be prosecuted or deprived of freedom other than for reasons and in a manner defined by law.

Chapter Two – Fundamental Rights and Freedoms

Part Two: Fundamental Human Rights and Freedoms

Article 17

(3) A person accused or suspected of a criminal act can be detained only in cases defined by law.

Chapter Two – Fundamental Rights and Freedoms

Part Two: Fundamental Human Rights and Freedoms

Article 17

(5) A person can be taken into custody only for reasons and for a period defined by law and on the basis of a court ruling.

Chapter Two – Fundamental Rights and Freedoms

Part Seven: The Right to Judicial and Other Legal Protection

Article 49

Only the law established which conduct constitutes a criminal act and what punishment or other form of deprivation of rights or property may be inflicted upon those who committed it.

Chapter Two – Fundamental Rights and Freedoms

Part Seven: The Right to Judicial and Other Legal Protection

Article 50

(6) The criminal liability of a deed is assessed, and punishment is meted out, according to the law valid at the time when the offense was committed. A more recent law will be applied if it is more favorable for the perpetrator.

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.