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TREATY ESTABLISHING A CONSTITUTION FOR EUROPE
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omission
[
Global Index
]
ARTICLE-II-109
: Principles of legality and proportionality of criminal offences and penalties [
go to this ARTICLE
]
... No one shall be held
guilty
of any
criminal offence
on
account
of any
act
or
omission
which did not
constitute
a
criminal offence
under
national law
or
international law
at the
time
when it was committed. Nor shall a heavier
penalty
be imposed than that which was applicable at the
time
the
criminal offence
was committed. If,
subsequent
to the
commission
of a
criminal offence
, the
law
provides for a lighter
penalty
, that
penalty
shall be applicable. ...
... This
Article
shall not
prejudice
the
trial
and
punishment
of any
person
for any
act
or
omission
which, at the
time
when it was committed, was
criminal
according to the
general principles
recognised by the
community
of
nations
. ...
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