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Section 1.- In this Code :

                  (14) “Electronic Card” means :

                                    (A) any document or any other object which is issued in whatever form by an issuer to an eligible user, whether named, and onto which the data or codes are recorded by applying an electronic means electric means, electromagnetic means or any other similar means, including a light or magnetic means, in order to make the meaning available through scripts, figures, codes, card numbers or any other symbols, either macroscopic or non-macroscopic ;

                                    (B) any data, code, account number, electronic number set or numeral instrument which are issued by an issuer to an eligible user without any additional document or object and which are used in the same manner as (A) ; or

                                    (C) any other object used in conjunction with the electronic data for the purpose of indicating the relationship between a person and such electronic data and identifying its owner.

 

CHAPTER 2

APPLICATION OF CRIMINAL LAWS

 

Section 2.- A person shall be criminally punished only when the act done by such person is provided to be an offence and the punishment is defined by the law in force at the time of the doing of such act, and the punishment to be inflicted upon the offender shall be that provided by the law.

                  If, according to the subsequent law, such act is no more an offence, the person doing such act shall be relieved from being an offender ; and, if there is a final judgment inflicting the punishment, such person shall be deemed as not having ever been convicted by the judgment for committing such offence. If, however, such person is still undergoing the punishment, the punishment shall forthwith terminate.

 

Section 3.- If the law in force at the time of committing the offence is different from that in force after the time of committing the offence, the law which is, in any way, more favourable to the offender, shall be applied, unless the case is final. But, even the case has become final :

                  (1) If the offender has not yet undergone the punishment, or is undergoing the punishment, and the punishment determined by the judgment is heavier than that provided by the law afterwards, when it appears to the Court from the file of the case, or when the offender, the legal representative or guardian of such person, or the Public Prosecutor makes a request, the Court shall re-determine the punishment according to the law as provided afterwards. In re-determining the punishment by the Court, if it appears that the offender has undergone a part of the punishment as provided by the law afterwards, may, if it thinks fit, determine more lenient punishment than the minimum punishment as provided by the law afterwards, if any, or if it is of opinion that the punishment already undergone by the offender is sufficient, the Court may release the offender ;

                  (2) If the Court has passed the judgment of death upon the offender, but, according to the law as provided afterwards, the punishment to be inflicted upon the offender is not as high as death, the execution of the offender shall be suspended, and it shall be deemed that the punishment of death according to the judgment has been changed to be the highest punishment to be inflicted according to the law as provided afterwards.