{"schemaVersion":1,"recordType":"legal-article","id":"law:eri:code:penal:2015:article:4","workId":"law:eri:code:penal:2015","expressionId":"law:eri:code:penal:2015:en","title":"Transition","number":"4","language":"en","canonicalUrl":"https://eriatlas.com/law/penal-code-2015/article/4/","hierarchy":{"part":"PART I — THE GENERAL PART","book":"BOOK I — OFFENCES AND THE OFFENDER","title":null,"chapter":"Chapter 1. — Scope and Application"},"paragraphs":[{"id":"p1","number":"1","text":"Any offence committed wholly on a date or dates before this Code enters into force shall be prosecuted according to the law in force at the time of the offence, except that where the penalty for the offence under this Code for the same conduct is less severe an accused person shall have the benefit of the lesser penalty where found guilty of the offence","canonicalUrl":"https://eriatlas.com/law/penal-code-2015/article/4/#p1","sourceTargets":[{"sourceId":"penal-code-2015-en","pdfPage":26,"url":"https://eriatlas.com/sources/penal-code-2015/page/26/?article=4&paragraph=p1#article-4-p1"}]},{"id":"p2","number":"2","text":"Upon the coming into force of this Code punishments shall be enforced as provided in this Code. This shall apply to the recovery of fines and the conditional release of prisoners.","canonicalUrl":"https://eriatlas.com/law/penal-code-2015/article/4/#p2","sourceTargets":[{"sourceId":"penal-code-2015-en","pdfPage":26,"url":"https://eriatlas.com/sources/penal-code-2015/page/26/?article=4&paragraph=p2#article-4-p2"}]},{"id":"p3","number":"3","text":"Any conviction and punishment imposed for an offence committed wholly on a date or dates before this Code enters into force but that is no longer an offence under this Code shall no longer be enforceable and shall cease to have any effect. However where a sentence has been passed for the breach of a criminal law enacting a prohibition or an obligation limited to a given period of time for special reasons of a transitory nature, the expiration of the said period shall not bar the enforcement of the punishment, nor shall the prosecution be barred by such expiration.","canonicalUrl":"https://eriatlas.com/law/penal-code-2015/article/4/#p3","sourceTargets":[{"sourceId":"penal-code-2015-en","pdfPage":26,"url":"https://eriatlas.com/sources/penal-code-2015/page/26/?article=4&paragraph=p3#article-4-p3"}]},{"id":"p4","number":"4","text":"Any period of limitations applicable to the right to prosecute and to enforce a penalty under this Code shall apply to offences committed prior to this Code coming into force. The time elapsed prior to the effective date of this Code shall be taken into account.","canonicalUrl":"https://eriatlas.com/law/penal-code-2015/article/4/#p4","sourceTargets":[{"sourceId":"penal-code-2015-en","pdfPage":26,"url":"https://eriatlas.com/sources/penal-code-2015/page/26/?article=4&paragraph=p4#article-4-p4"}]},{"id":"p5","number":"5","text":"All offences that, under previous legislation were prosecuted upon preference of charges will be barred from prosecution, where such preference is not exercised within a period of two years after the coming into force of this Code.","canonicalUrl":"https://eriatlas.com/law/penal-code-2015/article/4/#p5","sourceTargets":[{"sourceId":"penal-code-2015-en","pdfPage":26,"url":"https://eriatlas.com/sources/penal-code-2015/page/26/?article=4&paragraph=p5#article-4-p5"},{"sourceId":"penal-code-2015-en","pdfPage":27,"url":"https://eriatlas.com/sources/penal-code-2015/page/27/?article=4&paragraph=p5#article-4-p5"}]},{"id":"p6","number":"6","text":"A prisoner who is undergoing a punishment at the time of the coming into force of this Code is found guilty of an earlier offence that remained unknown and was punishable by a penalty entailing loss of liberty the Court shall pass an aggregate sentence in accordance with the provisions relating to retrospective concurrence and shall take into account the provisions regarding the application of the more favourable law in sub-Article (1).","canonicalUrl":"https://eriatlas.com/law/penal-code-2015/article/4/#p6","sourceTargets":[{"sourceId":"penal-code-2015-en","pdfPage":27,"url":"https://eriatlas.com/sources/penal-code-2015/page/27/?article=4&paragraph=p6#article-4-p6"}]}],"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."}