Article 15

163. In Proposition No 90 (2003-2004) to the Odelsting, the Government put forward a bill containing the general provisions of a new Civil Penal Code. Article 15 of the Covenant is discussed in the explanatory comments on the bill and, in particular, the right to benefit from a provision enacted after the commission of the offence that imposes a less severe penalty. It is stated that this provision of the Covenant is wide, and that it can hardly be construed literally. Less severe penalties or the abolition of penal provisions due to a change of the circumstances the provisions relate to should not necessarily be given effect for offences committed before that change. The wording of the proposed section 3, first paragraph, of the new Civil Penal Code is thus:

“The legislation in force at the time of the commission of the offence shall apply. However, the legislation in force at the time of the decision shall apply when this leads to a decision that is more favourable to the person charged and the legislative amendment is caused by a revised opinion on what acts should be punished or on the use of criminal sanctions.”