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Principles of legality and proportionality of criminal offences and penalties

Know your rights

No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national law or international law at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the criminal offence was committed. If, subsequent to the commission of a criminal offence, the law provides for a lighter penalty, that penalty shall be applicable.

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 recognised by the community of nations.

The severity of penalties must not be disproportionate to the criminal offence.

This right is enshrined in article 49 of the Charter of Fundamental Rights.

What to do if your rights have been breached

The authorities of EU countries are bound to comply with the Charter of fundamental rights only when implementing EU law. Fundamental rights are protected by your country's constitution.

Related rights

Chapter 6 of the EU Charter of Fundamental Rights is on justice. This chapter also contains the following rights