Ex Post Facto Punishment

From Criminal Defense Wiki
Jump to navigationJump to search


For a system to be fair to all parties, it must have the essential element of finality. The rule against Ex Poste Facto punishment is rooted in the theory that a defendant must be given notice of the punishment in order for due process to have taken place. Therefore, a defendant may not be retro-actively punished and any legislation that occurs after the offense can not be used against the defendant.

International Sources

International Covenent on Civil and Political Rights, Article 14, Section 7- "No one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted in accordance with the law and penal procedure of each country."