PENAL CODE of the Democratic Republic of Timor Leste
Article 94. Duration
1. If the act committed by a person exempt from criminal liability is punishable with
imprisonment not exceeding three years, internment shall have a maximum duration
of one year.
2. If the act committed by a person exempt from criminal liability corresponds to a
crime against persons or a crime of collective danger punishable with imprisonment
equal to or exceeding 5 years, internment shall have a minimum duration of 3 years
except if release of said person is deemed compatible with safeguarding of law and
order and maintaining social peace.
3. If the act committed by a person exempt from criminal liability corresponds to a
crime punishable with imprisonment exceeding 8 years and the danger of new acts
of the same type being committed is so grave that release is not advisable,
internment may be extended for successive periods of 2 years until such time when
it is verified that the initial criminal danger has ceased to exist.
4. Internment may not exceed the maximum limit of the penalty applicable in the
description of the crime that was committed by the person exempt from criminal
liability.
Article 95. Cessation of a measure
1. A measure ceases with the end of the state of criminal danger which originated it
or, should such a danger to self and others remain unchanged, when the maximum
duration limit of the measure is reached, except under circumstances described in
subarticles 94.3 and 94.4.
2. Internment measures must be subject to review every 12 months.
3. The court may at any time review an internment decision should a justifiable
cause for cessation of internment be submitted.
Article 96. Substitution of the measure of internment
1. Internment as a measure may be substituted for probation or deportation from the
country when applied to foreigners.
2. In the event of deportation from the country, provisions in article 87 are
correspondingly applicable.
Article 97. Probation
1. If the review referred to in article 95 above finds that there are reasons to believe
that the purpose of the measure can be achieved at large, the court shall release the
interned person on probation.
2. The period of probation shall be from a minimum of 2 years and a maximum of 5
years, and shall under no circumstances exceed the maximum limit provided for in
article 94.4.
3. The decision to grant probation to an interned person entails rules of conduct that
the person interned is obliged to follow, under terms corresponding to those
described in article 70, aimed at preventing a situation of criminal danger, as well as
the duty to submit to appropriate outpatient treatment and to examinations and
observations at specified locations.
4. The perpetrator whose internment is suspended shall be placed under the ward
and surveillance of social reintegration services.
5. If no motives exist to revoke the probation, once the probation period is over, the
internment measure shall be declared void.
6. If, at the end of the probation period, another case or incident is found pending
that could lead to its revocation, the measure shall be considered as concluded
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