The application of the principle of non-retroactivity of criminal law in ongoing proceedings

Abstract

This article addresses the principles of non-retroactivity of criminal law and retroactivity of the most beneficial criminal law as essential foundations of Criminal Law. The principle of non-retroactivity establishes that a new criminal law cannot be applied to facts that occurred before its entry into force, in order to preserve legal certainty and avoid unpleasant surprises for the individual. The exception to this principle occurs when the new criminal law benefits the defendant, reducing penalties or excluding the classification of the conduct as a crime. The retroactivity of the most beneficial criminal law allows the accused to benefit from a new, more favorable criminal law, even after conviction or during the criminal process, thus respecting individual freedom and avoiding penalties more severe than those provided for in the most beneficial law. at the time of the crime. In addition, the article explores the relationship of these principles with the field of criminal procedural law. While the non-retroactivity of criminal law protects individuals from being punished retroactively for conduct that was not considered a crime in the past, the principle of tempus regit actum guarantees the immediate application of criminal procedural rules to ongoing proceedings, regardless of when the crime was committed. committed. Both principles play essential roles in the quest for a fair and balanced legal system.