PENAL CODE of the Democratic Republic of Timor Leste
The penalty of imprisonment then should only be applied when the others have
shown themselves to be inadequate to fulfil the objectives of preventing and
reproving crime. Minimum and maximum duration of the penalties of imprisonment
have been established from between 30 days and 25 years, with the possibility of
extending the maximum limit to 30 years in cases specifically provided for in law.
Corollary to social reintegration of offenders is the provision of suspending execution
of a prison sentence, applicable in cases where the concrete measure of the
punishment does not exceed 3 years and no outstanding need for prevention of
future crimes disallows it. Suspension of execution of a prison sentence may be
conditioned to performance of certain duties or rules of conduct or subject to
monitoring by reintegration services.
Security measures of limited duration have been adopted for those exempt from
criminal liability by reason of mental disorder, particularly internment measures,
whenever danger to self and others warrants. Life sentences are not permitted, and
security measures must be terminated whenever the danger to self and others that
legitimated them ends, allowing, in the case of foreigners, that said orders may be
substituted by deportation from the country.
The Penal Code, in its defense of values and legal interests essential to life in
society, has distinguished crimes of a public nature, which must be warded by the
State, from those less serious crimes, which depend upon the exercise of the right to
file complaint by the bearer of the right, pursuant to provisions already adopted in
criminal procedural legislation. Whenever the exercise of the right to file complaint is
provided in the description of the legal definition of the crime in the Special Part of
the Penal Code, the same are considered as semi-public crimes.
With regards to extinguishment of criminal liability and the effects thereof, the
General Part of the Code sets statutes of limitations for criminal prosecution,
penalties, security measures and accessory penalties, as well as defines situations
where suspension may be warranted. Nevertheless, the decision was made to have
no statute of limitation for criminal prosecution and related penalties when dealing
with war crimes, crimes against peace or crimes against humanity and freedom.
Lastly, the Code provides for other cases leading to extinguishment of liability, such
as death of the perpetrator, amnesty or pardon.
III - It is acknowledged that the Special Part of Penal Codes is the part that causes
the greatest impact on public opinion, insofar as it selects certain assets, interests
and values that a given society and a certain time in history deem to warrant
protection under criminal law, thus, raising the same to the category of criminal legal
interests. In the specific case of the Penal Code of Timor-Leste, the legislature
sought to base the articles adopted herein on options that the Constitution had
already previously enshrined as being the collective will of Timorese society.
The systematization adopted in this Part is an affirmation of the moment in history of
the country and reflects the fundamental interests and values that have constructed
this fledgling nation. It is therefore no surprise that the first title of this book
respectively addresses protection of peace, humanity and freedom as cornerstone
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