PENAL CODE of the Democratic Republic of Timor Leste
Within the general performance of public duties, the Code criminalizes conduct by
public officials who commit crimes of corruption, embezzlement, abuse of power or
public force or unlawful involvement in public affairs by anyone holding public office.
This Penal Code broadens the concept of public official to include other analogous
situations such as officials of international organizations, foreign public officials
performing activities in the country or any person called to perform or participate in
an activity included in public administrative or juridical office.
Title VII provides a legal definition of crimes of forgery of documents, technical
reports, currency and stamps or franks, weights and measures, office stamps,
currency plates and paper, describing the respective penalties according to the
nature, evidentiary or trust value or public use or disposal of the forged objects,
providing for seizure and forfeiture and loss of objects used for said purpose.
Lastly, Title VIII defines crimes against the economy, providing for criminalization of
money laundering, following the most recent doctrine on criminalization of antieconomic activities, tax fraud and smuggling and evasion of duties, regarding
customs or border issues. The Code maintains criminal punishment for disobedience
of requisition of assets ordered by the Government as well as behavior likely to
disturb, harm or hinder performance of certain public acts such as public competitive
exams, tenders or court auctions.
Throughout this Code, there is an attempt to strike a balance between the abstract
criminal framework, addressing the type of crime and its severity, with the hierarchy
of legal interests protected by each article and the maximum limits established for
prison sentences.
Another factor characterizing the legislative alternatives chosen in the Penal Code is
the differentiated treatment given to more serious crimes, where, generally speaking,
the only penalty provided is a prison sentence.
As a rule, for less serious crimes, on the other hand, the definition of the crime
usually enables the court, according to the circumstances, to decide on either the
alternative of imprisonment or penalty of fine, enshrining as criminal guidance policy
the acknowledgment of a fine as an autonomous penalty and not complementary to
the main penalty.
The approval of this present Code provides the Timorese State with yet another
modern and adequate legal instrument to provide criminal law services of the
highest quality whilst respecting fundamental rights of its citizens, obliging
magistrates, public defenders, attorneys, court officers and other legal actors who
make these legal instruments the tools of their daily work to engage in ongoing
education, strengthening the national legal system and the Democratic Rule of Law.
7