Series on Fair Trial Rights and Rule of Law - Prohibition on Retroactive Application of Criminal Law: New Provisions of the Penal Code

15-Dec-2011

Publication : Newsletter

It is a fundamental principle of criminal law that no one can be found guilty of a criminal offense for an act or omission that did not constitute a crime at the time the alleged action or omission took place (Article 15 of the International Covenant on Civil and Political Rights and Article 3 of the Penal Code). Additionally, a heavier penalty may not be imposed than the one that was applicable at the time of the offense. If, subsequent to the commission of the offense, provision is made by law for the imposition of a lighter penalty, the lighter penalty shall apply (Article 10 of the Penal Code).

Information Source : Series on Fair Trial Rights and Rule of Law - Prohibition on Retroactive Application of Criminal Law: New Provisions of the Penal Code

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