PENAL CODE of the Democratic Republic of Timor Leste 3. The perpetrator is punishable with up to 3 years imprisonment or a fine if the acts are committed with negligence, whenever no heavier penalty is applicable by virtue of another legal provision. 4. If the danger referred to in subarticle 1 is caused by negligence, the penalty is 2 to 6 years imprisonment. 5. In cases provided for in subarticle 4, prosecution depends on the filing of a complaint. Article 264. Active repentance Whenever, after commission of any of the crimes described in articles 251, 252, 256 to 261 and 263.4, but before trial hearings are initiated, the perpetrator performs any act aimed at fully or partially restituting the property or repairing the damage caused, the penalty may be extraordinarily mitigated. Article 265. Definitions For the purposes of the provisions in this present Code: a) "Breaking and entering" means totally or partially breaking, cracking or destroying any device designed to lock or prevent entrance to a house or an enclosed place annexed to the same, whether said device be inside or outside the premises. b) "Scaling" means entering a house or an enclosed place annexed to the same, through a passage not normally used as an entrance or through any other device designed to lock or prevent entrance or passage. c) "Lockpicking" means: i) Any imitation, counterfeit or forged key; ii) The genuine key whenever the same is by chance or design, not in possession of its rightful user; and iii) Any passkey or tool that may be used to open locks or any other security devices. CHAPTER II CRIMES AGAINST ASSETS IN GENERAL Article 266. Fraud 1. Any person who, with intent to obtain unlawful gain for him or herself or a third party, by means of error or deceit over acts he or she has cunningly committed, and thus leads another person to act in such a manner that causes property loss to said person or any third party, is punishable with up to 3 years imprisonment or a fine. 2. The attempt is punishable. 3. Provisions in article 264 are correspondingly applicable. 4. Prosecution depends on the filing of a complaint. Article 267. Aggravated fraud 1. Any person who, as a result of conduct described in the preceding article: a) Causes loss in excess of US$ 2,000.00; b) Makes his or her living from practicing fraud; c) Places the aggrieved party in a situation of economic difficulty; Shall be punishable by 3 to 10 years imprisonment. 69