PENAL CODE of the Democratic Republic of Timor Leste
2. There is no recurrence if, between the commissions of one and the other crime,
more than four years have elapsed, not considering the time that the perpetrator has
been subject to a procedural measure, penalty or security measure involving
deprivation of liberty.
3. In the event of recurrence, the minimum limit of the penalty applicable to the crime
is increased by one-third and the maximum limit remains unchanged, however the
aggravation cannot exceed the measure of the heaviest penalty applied in previous
convictions.
Article 54. Habitual criminality
1. Whenever any person commits a crime of intent, and an actual prison sentence
exceeding one year should be applied, and cumulatively, the following requirements are
met:
a) The perpetrator has previously committed three or more crimes of
intent and has been punished by effective imprisonment;
b) Less than three years having elapsed between each of the crimes;
c) Assessment of both the acts and personality of the perpetrator
reveals a strong or dangerous tendency toward crime;
The applicable penalty will be that for the crime committed with its minimum and
maximum limits increased by one-third.
2. Provisions of this law shall prevail over any specific rules for punishing recurrence.
Article 55. General mitigating circumstances
1. Any circumstances that preceded, accompanied or occurred after commission of the
crime and that reflect favorably on the perpetrator are considered general mitigating
circumstances of the liability of the same.
2. General mitigating circumstances may include, inter alia, the following:
a) The causes of exclusion referred to in the previous chapter, whenever
not all of the requirements provided are met for the cause for
exclusion to produce effect.
b) The perpetrator acts in consequence of incidents that cause violent
emotion, obsession or other emotional state of a similar passion, or
reacts to provocation by means of an immediate act.
c) The perpetrator appears before the authorities voluntarily, before
knowing of the existence of a criminal proceeding against him or her.
d) The perpetrator spontaneously confesses having committed the crime
or decisively contributes to ascertaining the circumstances in which
the criminal act occurred.
e) Presence of acts demonstrating sincere repentance of the perpetrator;
f) Low intensity of intent or negligence.
g) Reconciliation between victim and perpetrator.
Article 56. Extraordinarily mitigating circumstances
1. Apart from the cases expressly provided in the law, the penalty provided in the
definition of the crime is extraordinarily mitigated, whenever any circumstances have
arisen prior to, concurrently with or after commission of the crime that, jointly or
individually, reduce, to a large extent, the unlawfulness of the perpetrator's conduct, guilt
or need for penalty.
2. The following circumstances may, among others, be considered for the purpose of the
previous subarticle:
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