(2) The prescription of criminal offences, as well as the types and the range of criminal sanctions, shall be
based upon the necessity for criminal justice compulsion and its proportionality with the degree and nature of
the danger against personal liberties, human rights and other basic values.
Article 4
Principle of Legality
(1) Criminal offences and criminal sanctions shall be prescribed only by law.
(2) No punishment or other criminal sanction may be imposed on any person for an act which, prior to being
perpetrated, has not been defined as a criminal offence by law or international law, and for which a
punishment has not been prescribed by law.
Article 5
Time Constraints Regarding Applicability
(1) The law that was in effect at the time when the criminal offence was perpetrated shall apply to the
perpetrator of the criminal offence.
(2) If the law has been amended on one or more occasions after the criminal offence was perpetrated, the
law that is more lenient to the perpetrator shall be applied.
Article 6
Types of Criminal Sanctions
Criminal sanctions are: punishments, warning sentences, security measures and educational measures.
Article 7
Purpose of Criminal Sanctions
The purpose of criminal sanctions is:
a) A preventive influence on others to honour the legal system and not to perpetrate criminal offences;
b) Preventing perpetrators from perpetrating criminal offences and encouraging their rehabilitation.
Article 8
Restrictions on Execution of Criminal Sanctions
In the execution of a criminal sanction, certain rights of the perpetrator of a criminal offence may be
denied or restricted only to an extent commensurate with the nature and the content of the sanction, and only
in a manner which provides for the respect of the perpetrator’s integrity and his human dignity in compliance
with international law.
III CHAPTER THREE
APPLICATION OF CRIMINAL LEGISLATION IN THE FEDERATION
Article 9
Exclusion of Applying Criminal Legislation in the Federation to Children
The criminal legislation in the Federation shall not be applied to a child who, at the time of perpetrating a
criminal offence, had not reached fourteen years of age.
Article 10
Applicability of Criminal Legislation in the Federation to Juveniles
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