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Article 4 of the Law on General Provisions (in effect since 1838) states that "The law has no retroactive effect". [ 33 ] Article 1 of Criminal Law states that no act is punishable without a pre-existing law, and that in the case an act was punishable but the law was changed after the criminal act the "most favorable" (to the suspect) of the ...
Many jurisdictions prohibit ex post facto laws, and grandfather clauses can be used to prevent a law from having retroactive effects. For example: In the UK, the offence of indecent assault is still charged in respect of crimes committed before the offence was abolished and replaced with sexual assault (among others) by the Sexual Offences Act ...
ex post facto law: A retroactive law. E.g. a law that makes illegal an act that was not illegal when it was done. ex proprio motu: by [one's] own motion Commonly spoken as "by one's own accord." ex rel [arising] out of the narration [of the relator] Abbreviation of ex relatione. Used when the government brings a case that arises from the ...
The lawsuit challenges the retroactive placement on ... when the state’s current sex offender registry law, the Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification ...
The principle of non-retroactivity is widely recognized for international laws such as treaties, [1] although treaties can have retroactive effect if the parties so intend. [2] It is also widely recognized in criminal law, at least to the extent of prohibiting criminal sanctions that were not in place at the time of the crime.
In its 5-3 decision, the court rejected convicted sex offender Herman Gundy's argument that in passing the law, Congress handed too much power to the U.S. attorney general in violation of a ...
Every law that takes away, or impairs, rights vested, agreeably to existing laws, is retrospective, and is generally unjust, and may be oppressive; and it is a good general rule, that a law should have no retrospect: but there are cases in which laws may justly, and for the benefit of the community, and also of individuals, relate to a time ...
In Germany, Article 103, paragraph 2 of the Basic Law for the Federal Republic of Germany (German Constitution) bans retroactive criminality: An action is only subject to a penalty if it was punishable under the law that was in effect before the action was taken.