Article 5. Retroactive effect of the law on criminal liability in time

CRIMINAL CODE OF UKRAINE

(This Code enters into force on September 1, 2001)

GENERAL PART

Chapter I. GENERAL PROVISIONS

Article 1. Objectives of the Criminal Code of Ukraine

1. The objective of the Criminal Code of Ukraine is to provide legal protection of the rights and liberties of the human being and citizen, property, public order and public safety, the environment, and the constitutional order of Ukraine against criminal encroachments, to secure peace and safety of mankind, and also to prevent crime.

2. To this aim, the Criminal Code defines which socially dangerous acts or omissions count as offenses, and which punishments are to be imposed upon persons who commit them.

Article 2. Grounds for criminal liability

1. Commission by a person of a socially dangerous act that has such elements of crime as created by this Code gives grounds for criminal liability.

2. A person is deemed innocent of a crime and may not be criminally punished until his/her guilt is legally proven and found by a lawful sentence.

3. No person may be prosecuted more than once for one and the same offense.

Chapter II. LAW ON CRIMINAL LIABILITY

Article 3. Ukrainian legislation on criminal liability

1. The Criminal Code of Ukraine, based on the Constitution of Ukraine and generally recognized principles and rules of international law, shall be the Ukrainian legislation on criminal liability.

2. The Ukrainian laws on criminal liability, adopted after the entry of this Code into force, shall be incorporated in this Code following its entry into force.

3. The criminality of any act and also its punishability and other criminal consequences shall be determined exclusively by this Code.

4. Application of the law on criminal liability by analogy shall be prohibited.

5. The laws of Ukraine on criminal liability must be consistent with provisions of existing international treaties, consent for the binding effect of which has been granted by the Verkhovna Rada of Ukraine.

Article 4. Operation of the law on criminal liability in time

1. The law on criminal liability shall enter into force ten days after its official promulgation, unless otherwise is provided in the law itself, but not prior to the day of its publication.

2. The criminality and punishability of an act shall be determined by such law on criminal liability as was in effect at the time of commission of the act.

3. The time of commission of a criminal offense shall be the time in which a person committed an act or omission provided for by the law on criminal liability.

Article 5. Retroactive effect of the law on criminal liability in time

1. The law on criminal liability, which repeals the criminality of an act or lenifies criminal liability, shall be retroactive in time, that is it shall apply to persons who had committed relevant acts before that law entered into force, including the persons serving their sentence or those who have completed their sentence but have a conviction.

2. The law on criminal liability that criminalizes an act or increases criminal liability shall not be retroactive in time.

3. The law on criminal liability, which partially lenifies and partially increases criminal liability, shall be retroactive in time only in the part which lenifies the liability.

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