The extractivity of criminal procedural laws

Abstract

This text examines the extractivity of criminal procedural laws regarding their applicability over time, especially in the context of legal reforms. It begins with the general rule expressed in the aphorism “tempus regit actum”, which establishes the immediate application of the procedural norm in force at the time each act is carried out. However, an exception is recognized in favor of the accused when the new law offers greater benefits, in accordance with the pro reo principle. From a dogmatic and jurisprudential perspective, a distinction is made between acquired procedural rights and mere expectations, affirming that only those rights definitively integrated into the legal patrimony of the governed must be protected against normative modifications. Thus, the criminal process must be understood as a value-based unit with a politico-criminal purpose, which should not be affected by subsequent norms that diminish procedural guarantees. Therefore, any more restrictive procedural law must be considered non-retroactive. In conclusion, a rights-based interpretation of extractivity is proposed, equating in many respects the non-retroactivity regime of procedural law with that of substantive criminal law, favoring the norm most beneficial to the accused in order to preserve due process and fundamental rights.