PENAL CODE of the Democratic Republic of Timor Leste
3. If the value or property referred to in the previous subarticles exceeds US$
5,000.00, the penalties shall respectively be from 4 to 12 years or 2 to 5 years
imprisonment.
4. If the value or property referred to in subarticle 1 is less than US$ 50, the
perpetrator is punishable with up to 3 years imprisonment or a fine.
Article 296. Misappropriation of public assets
Any official who uses or allows another to use any vehicle or other moveable asset
of significant value in his or her responsibility or possession or to which he or she
has access due to the office held, for purposes other than those intended, to obtain
for him or herself or any third party, any unlawful benefit or to cause loss to another,
is punishable with up to 2 years imprisonment, if said assets were in possession of
the official or accessible by reason of his or her office.
Article 297. Abuse of power
Any official who abuses powers or violates duties inherent to his or her office with
intent to obtain, for him or herself or any third party, any unlawful benefit or to cause
loss to another, is punishable with 1 to 4 years imprisonment if no heavier penalty is
applicable by virtue of another legal provision.
Article 298. Abusive use of public force
Any official who, having authority to employ, requisition or order deployment of a
public force, does so to hinder enforcement of the law, a valid warrant from the court
or lawful order issued by a public authority, is punishable with up to 3 years
imprisonment, if no heavier penalty is applicable by virtue of another legal provision.
Article 299. Economic involvement in business
1. Any official who, due to holding public office, should be involved in a contract or
other transaction or activity, and takes advantage of said position to obtain, for him
or herself or another, directly or through a third party, any material gain or any other
unlawful economic share, thereby harming public interests that he or she is charged
to manage, oversee, protect or perform, is punishable with 2 to 8 years
imprisonment.
2. If the conduct above results in losses to the State exceeding US$ 10,000, the
penalty is 3 to 15 years imprisonment.
Article 300. Refusal to cooperate
An official who, having been lawfully requested by competent authorities to provide
due cooperation to enforce justice or provide any other public service, refuses to do
so or fails to do so without justification, is punishable with up to 3 years
imprisonment or a fine.
Article 301. Aggravation
1. If the crimes referred to in this Title are committed by political officeholders or
magistrates, the maximum limit of the applicable penalty shall be increased by one
third.
2. Specific legislation shall determine non-criminal and procedural effects regarding
situations described in the preceding subarticle.
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