PENAL CODE of the Democratic Republic of Timor Leste CHAPTER II SENTENCE OF IMPRISONMENT Article 66. Duration of a prison sentence 1. A prison sentence shall have a minimum duration of 30 days and a maximum of 25 years. 2. In special cases provided for by law, the maximum duration of a prison sentence shall be 30 years. 3. Under no circumstances may the maximum duration referred in the above subarticle be exceeded. Article 67. Substitution of prison sentence for fine 1. Application of a prison sentence not exceeding twelve months is substituted for a fine for equal length of time, not exceed the legal limit, whenever the requirement for preventing future crimes does not require that said prison sentence be served and, in light of the circumstances surrounding the case, the court believes that execution of the sentence should not be suspended altogether. 2. Unjustified failure to pay a substitute fine or any installment immediately implies serving the originally imposed prison sentence. Serving of the sentence may be suspended by immediately paying the fine or by designating property as a guarantee. Paid instalments shall always be deducted. 3. The court shall provide grounds for any decision when substitution is not performed when the law allows it to do so. Article 68. Suspension of execution of a prison sentence 1. Whenever the prison sentence applied does not exceed three years, the court may suspend execution thereof for a period to be set between one and five years, to be counted from the time the final decision was rendered. 2. The decision must contain the grounds for the suspension, such as the personality of the perpetrator, the circumstances under which the crime was committed, previous behaviour and living conditions, and most importantly the perpetrator’s likely conduct in the future. 3. The court shall provide grounds for any decision when substitution is not performed when the law allows it to do so. Article 69. Suspension of a prison sentence on condition that certain duties be performed 1. The court may condition suspended execution of a prison sentence upon performance of certain non-humiliating duties destined to redress harm caused by the crime. 2. Suspension may be conditioned specifically upon the following duties: a) To make or ensure reparation of the damage caused by the crime within a given deadline; b) To publicly make apologies to the victim; c) To perform certain tasks in connection with the crime committed; d) To provide a sum of money to the State or to a charity institution of importance to the reintegration of the convict. 21

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