Nullum crimen sine lege / Nullum crimen sine poena
1. A person shall not be criminally responsible unless the conduct in
question constitutes, at the time it takes place, a crime.
2. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.
3. The severity of penalties must not be disproportionate to the criminal offence.
Adapted from: article 22 of the Rome Statute of the International Criminal Court, article 11 of the Universal Declaration of Human Rights and article 49 of the EU Charter of Fundamental Rights
Nulla poena sine lege certa
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.
Presumption of innocence and right of defence
1. Everyone who has been charged shall be presumed innocent until proved guilty according to law.
2. Respect for the rights of the defence of anyone who has been charged shall be guaranteed.
Non-retroactivity
1. Criminal penalties may not be applied to acts which took place before the relevant rule entered into force.
2. 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 of law recognised by civilised nations.
Adapted from: article 7 of the European Convention on Human Rights
Authorship
A person shall be criminally responsible and liable for
punishment for a crime if that person:
(a) Commits such a crime, whether as an individual, jointly with another or through another person, regardless of whether that other person is criminally responsible;(b) Orders, solicits or induces the commission of such a crime which in fact occurs or is attempted;(c) For the purpose of facilitating the commission of such a crime, aids, abets or otherwise assists in its commission or its attempted commission, including providing the means for its commission;(d) In any other way contributes to the commission or attempted commission of such a crime by a group of persons acting with a common purpose. Such contribution shall be intentional and shall either:
(i) Be made with the aim of furthering the criminal activity or criminal purpose of the group, where such activity or purpose involves the commission of a crime within the jurisdiction of the Court; or(ii) Be made in the knowledge of the intention of the group to commit the crime.
Attempt
A person shall be criminally responsible and liable for
punishment for a crime if that person attempts to commit such a crime by taking action that commences its
execution by means of a substantial step, but the crime does not occur because
of circumstances independent of the person's intentions. However, a person
who abandons the effort to commit the crime or otherwise prevents the
completion of the crime shall not be liable for punishment for the attempt to commit that crime if that person completely and voluntarily
gave up the criminal purpose.
Mental element
1. A person shall be criminally responsible and liable
for punishment for a crime only if the material
elements are committed with intent and knowledge.
2. A person has intent where:
(a) In relation to conduct, that person means to engage in the conduct;(b) In relation to a consequence, that person means to cause that consequence or is aware that it will occur in the ordinary course of events.
3. 'Knowledge' means awareness that a circumstance
exists or a consequence will occur in the ordinary course of events. 'Know' and
'knowingly' shall be construed accordingly.
Grounds for excluding criminal responsibility
A person shall not be criminally responsible if, at the time of that person's
conduct:
(a) The person suffers from a mental disease or defect that destroys that person's capacity to appreciate the unlawfulness or nature of his or her conduct, or capacity to control his or her conduct to conform to the requirements of law;(b) The person is in a state of intoxication that destroys that person's capacity to appreciate the unlawfulness or nature of his or her conduct, or capacity to control his or her conduct to conform to the requirements of law, unless the person has become voluntarily intoxicated under such circumstances that the person knew, or disregarded the risk, that, as a result of the intoxication, he or she was likely to engage in conduct constituting a crime;(c) The person acts reasonably to defend himself or herself or another person;(d) The conduct which is alleged to constitute a crime has been caused by duress resulting from a threat of imminent death or of continuing or imminent serious bodily harm against that person or another person, and the person acts necessarily and reasonably to avoid this threat, provided that the person does not intend to cause a greater harm than the one sought to be avoided. Such a threat may either be:
(i) Made by other persons; or(ii) Constituted by other circumstances beyond that person's control.
Mistake of fact or mistake of law
1. A mistake of fact shall be a ground for excluding criminal responsibility only if it
negates the mental element required by the crime.
2. A mistake of law as to whether a particular type of conduct is a crime shall not be a ground for excluding criminal responsibility.