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"ARTICLE 49 CHARTER" [2014] ELECD 902; in VerLoren van Themaat , Weijer; Reuder, Berend (eds), "European Competition Law" (Edward Elgar Publishing, 2014) 802

Book Title: European Competition Law

Editor(s): VerLoren van Themaat , Weijer; Reuder, Berend

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781783476862

Section: Chapter 26

Section Title: ARTICLE 49 CHARTER

Number of pages: 13

Extract:

26
ARTICLE 49 CHARTER*

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 penalty
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 com-
munity of nations.
3. The severity of penalties must not be disproportionate to the criminal
offence.



ARTICLE 7 (ECHR) ­ NO PUNISHMENT WITHOUT PRIOR LAW

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
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.
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 of law recognised by ...