Ex post facto law

An ex post facto law is a law that retrospectively changes the legal consequences or status of actions that were committed, or relationships that existed, before the enactment of the law. In criminal law, it may criminalize actions that were legal when committed; it may aggravate a crime by bringing it into a more severe category than it was in when it was committed; it may change the punishment prescribed for a crime, as by adding new penalties or extending sentences; it may extend the statute of limitations; or it may alter the rules of evidence in order to make conviction for a crime likelier than it would have been when the deed was committed.

Conversely, a form of ex post facto law called an amnesty law may decriminalize certain acts. Alternatively, rather than redefining the relevant acts as non-criminal, it may simply prohibit prosecution; or it may enact that there is to be no punishment, but leave the underlying conviction technically unaltered. A pardon has a similar effect, except it applies in just one case instead of a class of cases. Other legal changes may alleviate possible punishments retroactively, for example by replacing the death sentence with lifelong imprisonment. Such legal changes are also known by the Latin term in mitius.

Some common-lawjurisdictions do not permit retroactive criminal legislation, though new precedent generally applies to events that occurred before the judicial decision. Some countries, such as the United States, explicitly forbid ex post facto laws in their constitution. In some nations that follow the doctrine of parliamentary supremacy, ex post facto laws may be possible. In a nation with an entrenched bill of rights or a written constitution, ex post facto legislation may be prohibited or allowed, and this provision may be general or specific. For example, Article 29 of the Constitution of Albania explicitly allows retroactive effect for laws that alleviate possible punishments.

Ex post facto criminalization is prohibited by Article 7 of the European Convention on Human Rights, Article 15(1) of the International Covenant on Civil and Political Rights, and Article 9 of the American Convention on Human Rights. While American jurisdictions prohibit ex post facto laws, many European countries apply the principle of lex mitior ("the milder law"). It provides that, if the law has changed after an offense was committed, the version of the law that applies is the one that is more advantageous for the accused. This means that ex post facto laws apply in European jurisdictions to the extent that they are the milder law.