PENAL CODE of the Democratic Republic of Timor Leste
weapons for a period from 5 to 10 years, whenever the personality of the perpetrator
raises reasonable fears that the same may commit additional acts of the same
nature,
3. Provisions in subarticle 86.3 are correspondingly applicable
CHAPTER IX
OTHER CONSEQUENCES OF CRIME
Article 102. Forfeiture of objects of the crime
1. Objects that were used or destined to be used in the commission of a crime, or
were results from the same, shall be forfeited to the State, whenever, due to their
nature or the circumstances surrounding the case, the same may endanger the
security of persons or public order, or pose serious risk of being used in the
commission of further crimes.
2. Rights shall be safeguarded regarding objects belonging to any victim or third
party, who has not participated in their use or production nor taken advantage
thereof.
3. The court shall determine the disposal of objects declared forfeited whenever not
specified in law, and may order the partial or complete destruction thereof or to
remove them from circulation.
4. Provisions in subarticle 102.1 shall apply even when no specific person can be
punished for the crime.
Article 103. Forfeiture of benefits
1. All items, rights or benefits directly or indirectly acquired as a result of the
commission of a crime shall be declared forfeited to the State, without prejudice to
the rights of any victim or third parties acting in good faith.
2. If said items, rights or benefits cannot be appropriated in kind, their forfeiture shall
be compensated through payment of their respective value to the State.
Article 104. Civil liability arising from crime
1. Compensation for losses and damage resulting from a crime is obligatory and
shall be assessed and arbitrated by the court, whenever the same have been
appraised and quantified, except in the event the aggrieved party expresses, under
terms of criminal procedural law, an intention to file suit separately.
2. The prerequisites and calculation of compensation are regulated by rules of civil
law.
3. The person liable to pay compensation may effect the transaction for said
compensation and report this to the court, under penalty of the act being declared
null.
Article 105. Preferential credit of the aggrieved party
Credit arising from the right of the aggrieved party to compensation for losses and
damages resulting from a crime is given preference over any other arising after the
act was committed, including the costs and amount related to the fine.
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