PENAL CODE of the Democratic Republic of Timor Leste CHAPTER IV PENALTY OF COMMUNITY SERVICE Article 78. Community Service 1. Community service consists in providing services free of charge to a public agency or other entity that the court deems to be of community interest, as long as consent of the convict has been obtained. 2. Duration of the work to be provided by the convict is determined by the court, substituting one day of incarceration set in the sentence for one hour of work that may never exceed 240 hours. 3. The work may be provided within or after regular business hours, whether on a continuous basis or otherwise, and may not exceed the allowed amount per day according to rules regarding overtime and always in such a manner that the livelihood of the convict and family members is not affected. 4. Unjustified refusal to perform the community service entails serving the originally imposed sentence, deducting the days already worked, pursuant to subarticle 78.2 above. Article 79. Requirements 1. The court may apply a sentence of community service as a substitute for a prison sentence not exceeding one year or for a sentence of a fine, whenever it is concluded that in this manner the purpose of the punishment is adequately and sufficiently achieved, and, in the case of imprisonment, crime prevention imperatives advise against suspended execution or substitution for a fine. 2. Application of community service always requires consent of the convict and, in the case of substitution for a fine, it may be ordered in the sentence or in a subsequent decision, provided this is made following a petition filed by the convict with attachment of property in an execution proceeding initiated in connection with failure to pay the fine. 3. Provisions in subarticle 67.3 are correspondingly applicable. Article 80. Exemption from or suspension or reduction of a penalty If the convict fails to perform the services due to circumstances that, after the alternative sentence was decreed, render performance difficult or impossible, and the same are not ascribable to the convict, the provisions of article 77 above shall be applicable. Article 81. Complementary legislation Specific legislation shall regulate all other conditions for application of the penalty of community services and performance of the same. 24