PENAL CODE of the Democratic Republic of Timor Leste
TITLE V
RIGHT TO FILE COMPLAINT
Article 106. Nature of the crime
1. For the purpose of exercising the right to file complaint, crimes may be of a public
or semi-public nature.
2. Public crimes are those the criminal prosecution of which does not depend on a
complaint being filed.
3. Semi-public crimes are those the prosecution of which may only be initiated after
the right to file complaint has been exercised.
4. The right to file complaint consists in the right-bearer expressing the intent to
initiate criminal proceedings.
Article 107. Bearers of the right to file complaint
Whenever criminal proceedings depend on the filing of a complaint, those described
as bearing said right in criminal procedural law shall have standing to do so.
Article 108. Statute for exercising the right
The statute for exercising the right to file complaint is six months and is counted
separately for each person bearing the right to file complaint.
Article 109. Waiving or withdrawing a complaint
Waiving or withdrawing a complaint or failure to exercise the right to file complaint
against any joint participant in the crime benefits the others, in cases where these
also cannot be prosecuted without a complaint being filed.
TITLE VI
PRESCRIP`TION OF CRIMINAL LIABILITY
CHAPTER I
EXPIRATION OF STATUTE OF LIMITATION ON CRIMINAL PROSECUTION
Article 110. Statute of Limitation
1. Criminal proceedings are prescribed, by effect of expiration of the statute of
limitations, whenever the following limitations have expired counted from the date
the crime was committed:
a) Twenty years, in the case of crimes punishable with a maximum
prison sentence limit exceeding twelve years;
b) Fifteen years, in the case of crimes punishable with a maximum
prison sentence exceeding seven, but not exceeding twelve
years;
c) Eight years, in the case of crimes punishable with a maximum
prison sentence exceeding three, but not exceeding seven years;
d) Four years, in all other cases.
2. Whenever the law establishes either a prison sentence or, alternatively, a fine for
any crime, only the former is considered for the purpose of determining the
limitations on respective criminal prosecution.
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