Article 7 of European Convention on Human Rights
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Article 7 of the European Convention on Human Rights (ECHR) is a fundamental provision that establishes the principle of non-retroactivity in criminal law. It is designed to protect individuals from being subjected to criminal penalties for actions or omissions that were not considered criminal at the time they were committed.
Article 7 – No Punishment without Law
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 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.
Principle of legality: Article 7 enshrines the principle that there can be no crime or punishment without clear and specific legal provisions in place at the time the offence occurred. This means that individuals cannot be retrospectively prosecuted or punished for conduct that was lawful when it took place.
Clarity and precision of the law: To comply with Article 7, criminal laws must be clear, precise, and accessible to individuals so that they can understand what is prohibited and what the potential consequences are. This helps ensure legal certainty and protects against arbitrary or vague laws.
Limitations on retroactive laws: Article 7 also prohibits the imposition of heavier penalties than those that were applicable at the time the offence was committed. This prevents authorities from increasing the severity of penalties after the fact to target specific individuals.
International law: The principle of non-retroactivity extends not only to national law but also to international law. Individuals cannot be held criminally liable for acts that were not considered crimes under international law at the time of their commission.
Article 7 of the ECHR is a fundamental safeguard against arbitrary or unfair criminal prosecution and punishment. It contributes to the protection of human rights and the rule of law within the jurisdiction of the member states of the Council of Europe, which are parties to the ECHR. Individuals who believe their rights under Article 7 have been violated can bring their cases before the European Court of Human Rights for review and adjudication.
Article 7 – No Punishment without Law
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 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.
Principle of legality: Article 7 enshrines the principle that there can be no crime or punishment without clear and specific legal provisions in place at the time the offence occurred. This means that individuals cannot be retrospectively prosecuted or punished for conduct that was lawful when it took place.
Clarity and precision of the law: To comply with Article 7, criminal laws must be clear, precise, and accessible to individuals so that they can understand what is prohibited and what the potential consequences are. This helps ensure legal certainty and protects against arbitrary or vague laws.
Limitations on retroactive laws: Article 7 also prohibits the imposition of heavier penalties than those that were applicable at the time the offence was committed. This prevents authorities from increasing the severity of penalties after the fact to target specific individuals.
International law: The principle of non-retroactivity extends not only to national law but also to international law. Individuals cannot be held criminally liable for acts that were not considered crimes under international law at the time of their commission.
Article 7 of the ECHR is a fundamental safeguard against arbitrary or unfair criminal prosecution and punishment. It contributes to the protection of human rights and the rule of law within the jurisdiction of the member states of the Council of Europe, which are parties to the ECHR. Individuals who believe their rights under Article 7 have been violated can bring their cases before the European Court of Human Rights for review and adjudication.
