'Non-retroactivity' in document 'Venezuela - Constitution (English)'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Title III
Duties, Human Rights and Guarantees

Chapter I
General Provisions

Article 24: No legislative provision shall have retroactive effect, except where it imposes a lesser penalty. Procedural laws shall apply from the moment they go into effect, even to proceedings already in progress; however, in criminal proceedings, evidence already admit¬ted shall be weighed in accordance with the laws that were in effect when the evidence was admitted, insofar as this benefits the defendant.

When there are doubts as to the rule of law that is to be applied, the most beneficial to the defendant will prevail .

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.