PENAL CODE of the Democratic Republic of Timor Leste
Article 32. Complicity
1. A person is punishable as an accomplice who, with intent, materially or morally
aids another person to commit a crime.
2. In the case of an accomplice, the penalty prescribed for the unlawful act is
extraordinarily mitigated.
Article 33. Guilt in joint participation
Each individual participant is punishable according to his or her guilt, regardless of
the penalty or degree of guilt of the others.
Article 34. Unlawfulness in joint participation
1. If the unlawfulness or degree of unlawfulness of an act is dependent on certain
qualities or special relationships of the perpetrator, it is sufficient that such qualities
or special relationships are reflected in any one of the joint participants, for the
respective penalty to be applicable to them all, unless specific law provides
otherwise.
2. Whenever, pursuant to the rule provided in the previous subarticle, a more serious
penalty is applicable to any of the joint participants, said penalty may be replaced by
the penalty that would apply if the rule had not intervened, depending on
circumstances of the case.
CHAPTER IV
JOINDER AND CONTINUOUS CRIMES
Article 35. Joinder of crimes
1. The number of crimes is considered the number of legally defined types of
actually committed crimes, or by the number of times that the same type has been
committed through the conduct of the perpetrator.
2. For the purpose of applying the following article, joinder is whenever the
perpetrator, having committed a crime, commits another crime before final sentence
is rendered.
Article 36. Penalty in case of joinder of crimes
1. A single penalty shall be imposed in the case of joinder of crimes, the minimum
limit corresponding to the highest penalty concretely imposed for those crimes, the
maximum limit corresponding to the total sum of the different separate penalties.
2. Whenever the material sum of the separate penalties exceeds 600 days of fine or
30 years imprisonment, the maximum limit of the scope of joinder shall not exceed
this legal limit.
3. In determining a single penalty, the court jointly considers the acts and personality
of the perpetrator.
Article 37. Accumulation of penalties
1. Whenever the penalties imposed consist in both fines and imprisonment, the
separate nature of these is retained.
2. Accessory penalties and security measures are retained, even when provided in
only one of the applicable laws or in only one of the previous decisions.
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