PENAL CODE of the Democratic Republic of Timor Leste CHAPTER VII DETERMINATION OF PENALTIES Article 90. General principles 1. Whenever the law establishes a penalty, it refers to the crime in its consummated form. 2. The concrete extent of the penalty within the scope of the abstract penalty shall be determined in the following manner: a) Any modifying aggravating circumstances of recurrence and habitual criminality, as described in articles 53 and 54, shall be applied to the abstract penalty corresponding to the consummated crime; b) Any extraordinarily mitigating circumstances shall be taken into consideration, in the absence of any modifying circumstances, if provisions in the previous paragraph have been met or based on the abstract penalty for the consummated crime. Article 91. Determination of a specific penalty 1. Once the abstract scope of the penalty has been determined under the terms of the previous article, the court shall assess all circumstances that, not forming part of the legal definition itself nor having been weighed in light of the previous article, either aggravate or mitigate the liability of the convict. 2. Upon weighing these latter circumstances, the court shall determine the exact extent of the penalty deemed necessary to protect legal interests essential to life in society and to reintegrate the perpetrator into society within the limits established in the definition of the crime or resulting from application of the previous article. 3. Under no circumstance may the extent of the penalty applied to the convict exceed the limit befitting the guilt. Article 92. Special case of the penalty of fine In the event of the penalty of fine, the provisions of this chapter are applicable in determining the duration of the fine without prejudice to provisions in subarticle 75.2 for calculating the amount corresponding to each day of fine. CHAPTER VIII SECURITY MEASURES SECTION I INTERNMENT MEASURES Article 93. Assumptions Whenever an act described as a defined crime is committed by a person exempt from criminal liability under article 21, that person shall be interned in an appropriate establishment, whenever, due to a mental disorder and the nature and gravity of the act committed, the court has reason to believe that the perpetrator may commit other like acts corresponding to crimes against individuals or crimes posing collective danger. 27