PENAL CODE of the Democratic Republic of Timor Leste SECTION II CAUSES FOR EXCLUSION OF GUILT Article 48. Excess of legitimate defense 1. Means which, given their nature or extent of use, are excessive to those required for the defensive action taken by the perpetrator may result in special mitigation of the penalty that the crime would otherwise carry. 2. The perpetrator is not punishable if the excess of means used in legitimate defense are due to a justifiable disturbance, fear or surprise. Article 49. Exculpatory state of need 1. Any person who commits an unlawful act required to avert a real danger, which cannot be otherwise removed, which threatens the life, physical integrity, honor or freedom of the perpetrator or a third party, where, depending on the circumstances of the case, it is not reasonable to require any different behavior of the same, acts without guilt. 2. Whenever the danger threatens legal interests other than those referred to in the preceding subarticle, and the assumptions mentioned therein are met, the penalty may be extraordinarily mitigated or the perpetrator may be held exempt from punishment. Article 50. Exculpatory undue obedience A public servant who obeys an order not knowing that it leads to commission of a crime, acts without guilt, if the unlawfulness of the act is not evident from the circumstances surrounding it. TITLE III CIRCUMSTANCES SINGLE CHAPTER GENERAL RULES Article 51. Determination of the measure of penalty 1. Measure of penalty is determined according to the perpetrator's guilt and prevention requirements, within limits defined by law. 2. In determining a specific penalty, the court shall consider all circumstances that are not part of the defined crime but that either aggravate or mitigate the perpetrator's acts. 3. The court ruling shall explicitly mention the grounds for the measure of penalty adopted. Article 52. General aggravating circumstances 1. General circumstances aggravating the responsibility of the perpetrator are all those prior to, during or after the fact that, although not part of the legal description of the act, yet reveal a higher degree of unlawfulness of the act, conduct or guilt of the perpetrator, thus increasing the need for punishment. 16