24. 来文方进一步提出，鉴于 Mahloof 先生据称是在新《刑法》于 2015 年 7 月16 日生效以前犯下罪行，根据《宪法》的规定，应对之从轻处罚。来文方具体指出，《宪法》第 59 条规定，若某项罪行应施加的惩处从实施犯罪之时到量刑之时已经减轻，则被告有权获得从轻惩处。《刑法》第 10 条第(d)款规定，“作为一般原则，本法不适用于在其生效之日前发生或犯下的罪行。尽管如此，在本法开始实施后量刑时，对于本法生效之日前发生或犯下的罪行，若本法针对该罪行规定的刑罚低于此前法律规定的刑罚，则应根据本法对该罪行施加惩处。”
24. The source further argues that given that Mr. Mahloof allegedly committed the offence before the new Penal Code came into effect on 16 July 2015, the Constitution requires that he receive a lesser punishment. The source specifies that article 59 of the Constitution states that if the punishment for an offence has been reduced between the time of commission and the time of sentencing, the accused is entitled to benefit from the lesser punishment. Section 10 (d) of the Penal Code states that “as a general principle this Code does not apply to offences occurring or committed prior to its effective date. Notwithstanding the aforesaid, in determining a sentence after commencement of this Code, for an offence which has occurred or has been committed prior to the effective date of this Code, where the sentence prescribed for the offence under this Code is less than the sentence prescribed under the previous Act, the penalty for the offence shall be prescribed in accordance with this Code.”