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Article 49 - Principles of legality and proportionality of criminal offences and penalties

Article 49 - Principles of legality and proportionality of criminal offences and penalties

1. 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 shall be applicable.
2. 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.
3. The severity of penalties must not be disproportionate to the criminal offence.

  • CJEU - T 256/11 / Judgement
    Ahmed Abdelaziz Ezz, Abla Mohammed Fawzi Ali Ahmed, Khadiga Ahmed Ahmed Kamel Yassin, Shahinaz Abdel Azizabdel Wahab Al Naggar v Council of the European Union
    Decision date:
    27 Feb 2014
    Deciding body type:
    Court of Justice of the European Union
    Deciding body:
    General Court (Third Chamber)
    Type:
    Decision
  • Sweden / Supreme Court / 461-11
    BillerudKorsnäs Sweden Ltd v Swedish Environmental Protection Agency
    Decision date:
    25 Feb 2014
    Deciding body type:
    National Court/Tribunal
    Deciding body:
    Sweden / Supreme Court
    Type:
    Decision
    Policy area:
    Environment
  • Sweden / Supreme Court / Ö2785-12
    R.G. v Public Prosecutor’s Office
    Decision date:
    20 Feb 2014
    Deciding body type:
    National Court/Tribunal
    Deciding body:
    Sweden / Supreme Court
    Type:
    Decision
    Policy area:
    Transport
  • CJEU - C 295/12 P / Opinion
    Telefónica and Telefónica de España v Commission
    Decision date:
    26 Sep 2013
    Deciding body type:
    Court of Justice of the European Union
    Deciding body:
    Advocate General Wathelet
    Type:
    Opinion
  • CJEU - C 508/11 P / Judgment
    Eni SpA v European Commission
    Decision date:
    08 May 2013
    Deciding body type:
    Court of Justice of the European Union
    Deciding body:
    General Court (First Chamber)
    Type:
    Decision
  • CJEU - C 501/11 P / Opinion
    Schindler Holding Ltd and Others v European Commission and Others
    Decision date:
    18 Apr 2013
    Deciding body type:
    Court of Justice of the European Union
    Deciding body:
    Advocate General
    Type:
    Opinion
    ECLI (European case law identifier):
    ECLI:EU:C:2013:248
  • Italy / Court of Cassation, Third Criminal Section / 10095
    N.M.G.
    Decision date:
    10 Jan 2013
    Deciding body type:
    National Court/Tribunal
    Deciding body:
    Italy / Court of Cassation (Third Criminal Section)
    Type:
    Decision
    Policy area:
    Justice, freedom and security
  • Portugal / Supreme Court of Justice / 211/12.6YRCBR.S1
    Portuguese citizen v Coimbra Appeals Court
    Decision date:
    09 Jan 2013
    Deciding body type:
    National Court/Tribunal
    Deciding body:
    Portugal / Supreme Court of Justice
    Type:
    Decision
    Policy area:
    Justice, freedom and security
  • CJEU - C 396/11 / Opinion
    Ministerul Public - Parchetul de pe lângă Curtea de Apel Constanţa v Ciprian Vasile Radu
    Decision date:
    18 Oct 2012
    Deciding body type:
    Court of Justice of the European Union
    Deciding body:
    Opinion of Advocate General
    Type:
    Opinion
  • CJEU - Joined cases C 628/10 P and C 14/11 P / Judgment
    Alliance One International Inc. and Others v European Commission and Others
    Decision date:
    19 Jul 2012
    Deciding body type:
    Court of Justice of the European Union
    Deciding body:
    European Court of Justice (Grand Chamber)
    Type:
    Decision

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