ex post facto - определение. Что такое ex post facto
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Что (кто) такое ex post facto - определение

RIGHT AGAINST EX-POST FACTO LAW AND BILL OF ATTAINDER (SEC. 22)
Ex post facto; Retrospective law; Ex-post facto; Retroactive legislation; Ex Post Facto Law; Ex post facto punishment; Lex retro non agit; Retroactive law; Retrospective effect; Ex Post Facto; Retrospective legislation; Expos facto; In mitius; Post facto law; Ex-post facto law; Ex Post Facto Laws; Retroactive force; Ex Post Facto Clause; Ex postfacto; Retrospective tax; Retroactive taxation; Lex mitior

Ex post facto         
·- ·Alt. of Ex postfacto.
ex post facto         
[??ks p??st'fakt??]
¦ adjective & adverb with retrospective action or force.
Origin
erroneous division of L. ex postfacto 'in the light of subsequent events'.
ex post facto         
adj. Latin for "after the fact," which refers to laws adopted after an act is committed making it illegal although it was legal when done, or increasing the penalty for a crime after it is committed. Such laws are specifically prohibited by the U.S. Constitution, Article I, Section 9. Therefore, if a state legislature or Congress enacts new rules of proof or longer sentences, those new rules or sentences do not apply to crimes committed before the new law was adopted.

Википедия

Ex post facto law

An ex post facto law (from Latin: ex post facto, lit. 'After the fact') is a law that retroactively 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; 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 commonly 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, in a specific case instead of a class of cases (though a pardon more often leaves the conviction itself – the finding of guilt – unaltered, and occasionally pardons are refused for this reason). Other legal changes may alleviate possible punishments (for example by replacing the death sentence with lifelong imprisonment) retroactively. Such legal changes are also known by the Latin term in mitius.

Some common-law jurisdictions do not permit retroactive criminal legislation, though new precedent generally applies to events that occurred before the judicial decision. Ex post facto laws are expressly forbidden by the United States Constitution in Article 1, Section 9, Clause 3 (with respect to federal laws) and Article 1, Section 10 (with respect to state laws). In some nations that follow the Westminster system of government, such as the United Kingdom, ex post facto laws are possible, because the doctrine of parliamentary supremacy allows Parliament to pass any law it wishes. 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 generally prohibit ex post facto laws, 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.

Примеры употребления для ex post facto
1. The cabinet gave its ex–post facto approval of agreement for establishment of Pak–Brunei Joint Investment Company.
2. The same call ex post facto is equivalent to closing the stalls a day after they‘re emptied.
3. Senator Durrani further said the cabinet granted ex–post facto approval for a Memorandum of Understanding (MoU) signed between Pakistan and China on Vocational Training.
4. The Cabinet agreed to grant ex–post facto approval of the singing of the MoU for expansion of cooperation between Iranian (Seestan) and Pakistani provinces of Balochistan.
5. Nevertheless, real–time advice must not come at the expense of an ex post facto investigation that reviews all the facts.