The principle of non-retroactivity of criminal laws

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The principle of non-retroactivity of criminal laws is that certain acts can only be punished as a crime if they were considered as such at the time they were committed, and with the penalties that that crime carried on that date. We can help you At Dexia Abogados we are lawyers specializing in criminal law in Madrid . If you need a criminal law firm with extensive experience, contact us and find out without obligation . CONTACT US What is the principle of non-retroactivity? In the criminal field , the Pan-Hispanic dictionary of legal Spanish  defines the principle of non-retroactivity as follows: Legal principle by virtue of which an act can only be punished as a crime if it is considered so by the law in force at the time of its commission, and only with the penalties provided for at that time. On the other hand, the same dictionary offers a general definition of non-retroactivity: Principle established in the Constitution and in other norms of the legal system that prohibits.

The application of the effects of the norms to situations or events that arose or occurred before their entry into force, especially if they are restrictive of individual rights, not favorable or of a sanctioning nature. . Thus, retroactivity not only affects criminal laws , but also other types of regulations (such as administrative ones). Where is the principle of non-retroactivity of criminal laws regulated? The non-retroactivity of criminal DM Databases laws is reflected in two articles of the Penal Code: 1. No action or omission will be punished that is not provided for as a crime by law prior to its commission. Article 1.1 of the Criminal Code 1. No crime will be punished with a penalty that is not provided for by law prior to its perpetration. Laws that establish security measures will also have no retroactive effect. Article 2.1 of the Criminal Code Furthermore, the principle of non-retroactivity in a broad sense is derived from the following articles: Article.



Of the Spanish Constitution : The Constitution guarantees the principle of legality, the normative hierarchy, the publicity of the norms, the non-retroactivity of sanctioning provisions that are not favorable or restrictive of individual rights, legal certainty, responsibility and the prohibition of arbitrariness of public powers. Article 25.1 of the Spanish Constitution : No one can be convicted or sanctioned for actions or omissions that at the time of their occurrence do not constitute a crime, misdemeanor or administrative infraction, according to the legislation in force at that time. Article 2.3 of the Civil Code : The laws will not have retroactive effect, if they do not provide otherwise. The principle of non-retroactivity in blank criminal laws Blank criminal laws are those that are complemented by other regulatory provisions or those of lower rank than the organic law, to which reference is made to complete the description of the criminal type. An example of this is article.