373. Foreseeability.

Article 71 requires that an offence was sufficiently foreseeable that the individual could know at the time of his conduct whether he would be criminally liable2: all that is required is a reasonable degree of foreseeability of the consequences of one's conduct3. Existing case law may demonstrate the foreseeability of the application of an offence to particular conduct4.

Where developments are considered foreseeable and/or it is foreseeable that an offence would be applied to an individual's conduct, the offence can be applied to the detriment of the individual