Article 736 — Application as to Offence.

(1) In accordance with the principle of legality (Art. 2 (1 to 4)), petty offences by the provisions of this Code or by a special provision are alone liable to punishment and the penalties applicable shall be those which are expressly prescribed in respect thereof. Such provisions are enforceable only if the act does not fall under an express provision imposing a more severe penalty. One and the same act cannot be punished both under the provisions of the Criminal Code and the Code of Petty Offences (Art. 2(5)). (2) Petty offences shall always be punished under the provisions in force at the time of their commission, and there shall be no retrospective effect as to their application (Art. 5). Upon the coming into force of this Code, its provisions shall apply to all petty offences mentioned in the Special Part of this Code.