Should a Penal Sentence Be Executed After the Repeal of the Penal Statute According to Which the Sentence Was Pronounced? (From Kriminalistisk Institut Arbog 1995, P 173-185, 1995, Lene Ravn, ed.)

• NCJ Number: 161956
• Author(s): L Ravn
• Date Published: 1995
• Length: 13 pages
• Sale Source: Rosenborggade 17
• Publication Type: Legislation/Policy Analysis
• Country: Denmark
• Note: Institute of Criminology Series

Annotation

The author discusses whether a penal sentence should be executed when the penal statute according to which the sentence was pronounced has been repealed due to decriminalization of a previously criminalized act.

Abstract

The Danish Penal Code is examined against the background of the rule forbidding retroactive penal laws, as laid down in Article 7 of the European Convention on Human Rights and Section 3 of the Danish Penal Code. According to Article 7 and Section 3, a penal sentence executed after the penal statute has been repealed can be annulled under certain conditions, and these conditions are discussed. 28 references and 27 notes