PENAL CODE of the Democratic Republic of Timor Leste Geneva Convention and the Additional Protocol I, namely those who are wounded, sick, shipwrecked, prisoners of war, health workers or religious staff and civilian population; ii) In an armed conflict of a non-international nature, those who are wounded, sick, stranded, as well as persons who do not take an active part in the hostilities and are held by the enemy; iii) In an armed conflict of an international nature and in an armed conflict of a non-international nature, members of the armed forces and combatants of the enemy side that have put down their weapons or do not have other means of defense. TITLE II CRIMES AGAINST INDIVIDUALS CHAPTER I CRIMES AGAINST LIFE Article 138. Homicide Any person who kills another person is punishable with 8 to 20 years imprisonment. Article 139. Aggravated homicide If homicide is committed under circumstances that are particularly reprehensible or reflect a particular degree of perversity: a) Through employment of poison, torture, asphyxia, fire, explosive or by another insidious means or that translates into the commission of a crime of collective danger or, with another act of cruelty to inflict greater suffering to the victim; b) Through treachery or disguise or another means or recourse that renders the defense of the victim difficult or impossible; c) Out of greed, pleasure in killing, seeking of excitement or satisfaction of a sexual nature, through payment or reward or promise of payment or reward, or for any other superfluous or insidious reason; d) For the purpose of preparing, executing or covering up another crime, facilitating escape or ensuring impunity of the perpetrator of a crime; e) Out of racial, religious or political hatred; f) With premeditation, construed as cold-bloodedness, giving forethought to the means of performing the crime or delaying intent to kill for more than 24 hours; g) If the victim is a spouse, descendant, parent, collateral or similar relation to the second degree, a person adopted by the perpetrator or a person living with the perpetrator under analogous conditions where a hierarchical, economic or labor dependency exists; h) If the victim is particularly vulnerable by reason of age, illness or physical or mental disability; i) If the victim is a member of an organ of national sovereignty and constitutional political body, member of a local government body, magistrate, public defender, attorney, court clerk, public servant or any other person responsible for a public service, provided that 41

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