nerdsonarope t1_ja1u1y9 wrote
Reply to comment by Mammoth-Mud-9609 in ELI5. What happens to ‘criminals’ when the law changes and what they were imprisoned for is no longer illegal? by L0rdTeddingt0n
Another scenario is that the action becomes no longer illegal because a court rules that the criminal law was unconstitutional. In that scenario, a person previously convicted under the now invalid law may be able to apply to the court to be released. However, whether they will succeed is fact dependent and too complicated for an ELI5.
Captain-Griffen t1_ja2sc0a wrote
It doesn't become legal, legally speaking, but it is found to have always been legal.
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