A criminal statute extending an offence to a new category of defendants may not apply to acts committed prior to its entry into force.

Application pratique:

The criminal liability of legal persons for misleading advertising was only introduced by the Law of 12 June 2001. As the advertisement was published before this date, the company cannot be convicted for acts committed prior to the law's entry into force. The landlord should raise this non-retroactivity defence and ensure all future property listings comply with current regulations. Keep a dated copy of the original advertisement as evidence of the timeline.

Application pratique:

The Law of 9 March 2004 abolished the principle of speciality of criminal liability of legal persons, making companies broadly liable for offences like deception. However, the misleading brochure was distributed in 2002, before this law came into force. The developer cannot be retroactively charged under the expanded rules. The buyers should instead pursue a civil claim for breach of contract or latent defects, as contractual remedies are not bound by this criminal non-retroactivity principle.

Application pratique:

At the time of the acts in 2003, the criminal liability of legal persons for deception was limited by the speciality principle; it only applied if expressly stipulated by law. The 2004 law abolished this restriction but cannot be applied retroactively. Thus, the syndic company likely cannot be prosecuted for these pre-2004 actions. The co-owners should instead demand a full financial audit and initiate civil proceedings to recover the overcharged sums, relying on breach of fiduciary duty.