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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
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a penal sentence should be executed when the penal statute according to which the sentence was pronounced has been repealed due to decriminalization of a previously criminalized act.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 According to Article 7 and Section 3, a penal sentence executed after the penal statute has been repealed can be annulled under certain conditions, and these conditions are discussed. 28 references and 27 notes