'Non-retroactivity' in document 'Sudan-The Criminal Act 1991'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part I
Preliminary Provisions and Enforcement of the Act

Chapter II
Enforcement of the Act

Retrospective effect of the Act

4.(1) Notwithstanding the provisions of sub-section (2), the law in force at the time of the commission of the offence shall be applied.

(2) In case of offences in which no final judgment has been passed the provisions of this Act shall be applied where they are beneficial to the accused.

(3) The non-execution of hudud penalties before the coming into force of this Act shall be a doubt (shubha) which remits the hud penalty, and penalties inflicted in final judgments shall be revised in accordance with the provisions of this Act.

(4) Any final judgment of dia passed before the coming into force of this Act shall be revised in accordance with the provisions thereof for its satisfaction.

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.