{"schemaVersion":1,"recordType":"legal-article","id":"law:eri:code:penal:2015:article:7","workId":"law:eri:code:penal:2015","expressionId":"law:eri:code:penal:2015:en","title":"Principles of Legality","number":"7","language":"en","canonicalUrl":"https://eriatlas.com/law/penal-code-2015/article/7/","hierarchy":{"part":"PART I — THE GENERAL PART","book":"BOOK I — OFFENCES AND THE OFFENDER","title":null,"chapter":"Chapter 2. — Principles of Criminal Liability"},"paragraphs":[{"id":"p1","number":"1","text":"No person shall be found guilty for conduct that, at the time of the conduct, was not prohibited by law. Courts may not impose penalties or measures other than those prescribed by law. Nor may a punishment not prescribed at the time of the commission of the offence be imposed.","canonicalUrl":"https://eriatlas.com/law/penal-code-2015/article/7/#p1","sourceTargets":[{"sourceId":"penal-code-2015-en","pdfPage":32,"url":"https://eriatlas.com/sources/penal-code-2015/page/32/?article=7&paragraph=p1#article-7-p1"}]},{"id":"p2","number":"2","text":"Courts may not create offences by analogy. However, nothing in this Article shall prevent interpretation of the law. In cases of doubt, Courts shall interpret the law according to its spirit and purpose, in accordance with the meaning intended by the legislature. A provision of this Code that is unclear and is capable of more than one reasonable interpretation shall be interpreted in favour of the accused.","canonicalUrl":"https://eriatlas.com/law/penal-code-2015/article/7/#p2","sourceTargets":[{"sourceId":"penal-code-2015-en","pdfPage":32,"url":"https://eriatlas.com/sources/penal-code-2015/page/32/?article=7&paragraph=p2#article-7-p2"},{"sourceId":"penal-code-2015-en","pdfPage":33,"url":"https://eriatlas.com/sources/penal-code-2015/page/33/?article=7&paragraph=p2#article-7-p2"}]},{"id":"p3","number":"3","text":"No person shall be tried for an offence if he has previously been finally acquitted of the same offence, and no person shall be tried of or punished for an offence if he has previously been finally convicted of and punished for the same offence.","canonicalUrl":"https://eriatlas.com/law/penal-code-2015/article/7/#p3","sourceTargets":[{"sourceId":"penal-code-2015-en","pdfPage":33,"url":"https://eriatlas.com/sources/penal-code-2015/page/33/?article=7&paragraph=p3#article-7-p3"}]},{"id":"p3-tail","number":"","parentId":"p3","text":"This principle shall be construed as contained in Article 6 of the Criminal Procedure Code of Eritrea.","canonicalUrl":"https://eriatlas.com/law/penal-code-2015/article/7/#p3-tail","sourceTargets":[{"sourceId":"penal-code-2015-en","pdfPage":33,"url":"https://eriatlas.com/sources/penal-code-2015/page/33/?article=7&paragraph=p3-tail#article-7-p3-tail"}]},{"id":"p4","number":"4","text":"No person shall be found guilty or sentenced for any offence unless the prosecution has proved at trial the guilt of that person beyond a reasonable doubt, or unless the court is satisfied that the person has voluntarily pleaded guilty for which the Court has determined that there is a factual basis.","canonicalUrl":"https://eriatlas.com/law/penal-code-2015/article/7/#p4","sourceTargets":[{"sourceId":"penal-code-2015-en","pdfPage":33,"url":"https://eriatlas.com/sources/penal-code-2015/page/33/?article=7&paragraph=p4#article-7-p4"}]},{"id":"p5","number":"5","text":"No person accused of an offence shall be required to prove at trial any fact that is sufficient for acquittal, except where expressly provided by this Code or any other Proclamation.","canonicalUrl":"https://eriatlas.com/law/penal-code-2015/article/7/#p5","sourceTargets":[{"sourceId":"penal-code-2015-en","pdfPage":33,"url":"https://eriatlas.com/sources/penal-code-2015/page/33/?article=7&paragraph=p5#article-7-p5"}]},{"id":"p6","number":"6","text":"Criminal law applies equally to all persons and no person may be discriminated against on account of race, ethnic origin, language, colour, gender, religion, disability, age, political view, or social or economic status.","canonicalUrl":"https://eriatlas.com/law/penal-code-2015/article/7/#p6","sourceTargets":[{"sourceId":"penal-code-2015-en","pdfPage":33,"url":"https://eriatlas.com/sources/penal-code-2015/page/33/?article=7&paragraph=p6#article-7-p6"}]},{"id":"p7","number":"7","text":"No person accused of any offence punishable by criminal law shall be tried by any person or institution other than Courts constituted by law and no person convicted of committing an offence shall suffer any punishment other than those described in this Code. Unless otherwise expressly provided by law, no person other than Courts constituted by law may, for any offence committed in violation of penal law, impose the penalties described in this Code.","canonicalUrl":"https://eriatlas.com/law/penal-code-2015/article/7/#p7","sourceTargets":[{"sourceId":"penal-code-2015-en","pdfPage":33,"url":"https://eriatlas.com/sources/penal-code-2015/page/33/?article=7&paragraph=p7#article-7-p7"},{"sourceId":"penal-code-2015-en","pdfPage":34,"url":"https://eriatlas.com/sources/penal-code-2015/page/34/?article=7&paragraph=p7#article-7-p7"}]}],"caution":"English-language 2015 Ministry of Justice edition. Refworld catalogues this English expression as an unofficial translation; Eri Atlas has not independently verified the translation."}