Volume 73, Issue 95
Royal Gazette
15 November 2499
fence and designates a punishment for, and the punishment to be imposed upon such offender must be the punishment prescribed in the law.
If, according to a provision of a subsequently prescribed law, such act is no longer an offence, the person having committed the act shall be discharged from the status of an offender,[1] and if there has already been a final judgment imposing a punishment upon him, it shall be deemed that he has never been adjudged to have committed the offence, or if he is undergoing the punishment, the imposition of such punishment shall come to an end.
Section3.If the law in force at the time of the commission of the offence differs from the law in force after the commission of the offence, the law which is [more] favourable to the offender in any manner shall apply, save where the case has already become final. However, in the event that the case has become final in the following manner:
(1)if the offender has not yet been punished or is being punished and the punishment designated by the judgment is heavier than the punishment designatable under the subsequently prescribed law, the court shall, when it becomes known to the court from the file of the case or when the offender, his legal representative, his curator, or a public prosecutor makes a request, designate the punishment anew in accordance with the subsequently prescribed law; if it appears that the offender has somewhat been punished and the court, in designating the punishment anew,
- ↑ Literally, "shall be discharged from the act of being an offender". The English draft of this code (Office of the Juridical Council, 1950a, p. 28/8) contained "shall be free from being an offender".
