PENAL CODE of the Democratic Republic of Timor Leste
c) Acquires or receives said gain under any wise or uses or holds or
maintains the same, shall be punishable by 4 to 12 years
imprisonment.
2. Punishment for the acts described in subparagraphs a) to c) of the preceding
subarticle are applicable even when the acts related to the originating crime were
committed outside Timor-Leste or where the place of commission of the act or
identity of the principals are unknown.
3. Knowledge, intent or purpose, required as elements constituting the crime, may
be construed from effective and concrete factual circumstances.
4. No prior sentencing of the perpetrator for committing the originating crime is
required to prove illicit origin of the proceeds.
5. Originating crime shall include any crime committed outside Timor-Leste
whenever said act is considered a crime in the State where committed and within
Timor-Leste.
6. The person who committed the originating crime shall not be punishable for crime
of money laundering.
7. Attempted money laundering is punishable and may be subject to a reduced
penalty under general terms.
8. The punishment provided for commission of unlawful acts described in
subparagraphs a) to c) of the preceding subarticle shall not exceed the maximum
limit provided for the corresponding originating offences.
Article 314. Tax fraud
1. Any person who, with intent to evade payment or enable a third party to evade
payment, wholly or in part, of any tax, fee or other pecuniary tax obligation due to the
State, by:
a) Failing to declare taxable items or facts required for the payment
of said tax;
b) Inaccurately declaring facts used as the basis for assessment; or
c) Hinders, by any means, or withholds necessary information for
proper monitoring of any activity or fact subject to taxation, shall
be punishable by 2 to 6 years imprisonment.
2. If the amount due and unpaid exceeds US$ 5,000.00, the perpetrator shall be
punishable by 2 to 8 years imprisonment.
Article 315. Illegal import and export of goods or merchandise
1. Any person who, without a license, exports or imports, goods or merchandise for
which, by law, a license is necessary from any agency or, any person who avoids
having said goods or merchandise pass through customs, is punishable by up to 3
years imprisonment or a fine.
2. If said acts are committed through negligence, the penalty shall not exceed 1 year
of imprisonment or a fine.
Article 316. Smuggling
1. Any person who imports or exports goods or merchandise without clearing the
same through customs or other mandatory control systems for said goods or
merchandise entering or exiting Timor-Leste, shall be punishable by 2 to 6 years
imprisonment or a fine.
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