The Member States 12 December 2007, Charter of Fundamental Rights of the European Union#TITLE VI - JUSTICE#Article 49 - Principles of legality and proportionality of criminal offences and penalties

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Article 49 of the Charter of Fundamental Rights of the European Union establishes the principles of legality and proportionality in criminal law, prohibiting the imposition of criminal liability or heavier penalties for acts that were not criminal offences under national or international law at the time of their commission. The provision enshrines the principle of retroactive application of lighter penalties and preserves the possibility of prosecution for acts criminal under general principles recognised by the community of nations, thereby excluding a strict nullum crimen defence in such cases. Penalties must not be disproportionate to the criminal offence.AI