PENAL CODE of the Democratic Republic of Timor Leste
Article 60. Limit of penalties and security measures
1. The penalty shall never exceed the extent of guilt.
2. A security measure is grounded in the danger posed by the perpetrator of an act
defined as a crime and lasts for the duration of such danger, and shall not have a
duration exceeding the maximum limit of the penalty corresponding to said crime.
Article 61. Purpose of penalties and security measures
The purpose of applying penalties and security measures is to protect legal interests
essential to life in society and the perpetrator's reintegration into the same.
Article 62. Determination of penalties and security measures
1. Whenever a sentence of deprivation of liberty and another penalty that does not
involve deprivation of liberty are alternatively applicable, the court shall give
preference to the latter, whenever the latter adequately and sufficiently fulfils the
purpose of the penalty.
2. In determining the type of security measure to be applied to a perpetrator whose
danger is procedurally established, the personality of the perpetrator and appropriate
treatment of the case shall be considered.
Article 63. Effects of penalties and security measures
No penalty or security measure results, as a necessary effect, in the forfeiture of
civil, professional or political rights.
Article 64. Execution of penalties or imprisonment measures
1. A perpetrator convicted and sentenced to effective imprisonment or subject to an
internment measure may be granted parole or probation.
2. Except where otherwise provided, once the convict has served five-sixths of the
imposed sentence, the same must be released on parole.
3. Except as described in the previous subarticle, parole cannot be granted without
consent of the convict.
4. Specific legislation shall establish the pre-requisites and conditions for granting
parole, as well as the rights and duties of inmates and pre-requisites and conditions
under which an effective prison sentence may be served at large.
Article 65. Accumulation of penalties and liberty-deprivation measures
1. When a perpetrator is convicted and sentenced to effective imprisonment
sentence and subject to an internment measure, the latter is first served and
deducted from the prison sentence.
2. The court shall release the perpetrator on parole as soon as the internment
measure is to cease, if the same has served a period corresponding to half of the
sentence and release is demonstrated to be compatible with protecting legal order
and maintaining social peace.
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