PENAL CODE of the Democratic Republic of Timor Leste
CHAPTER VII
DETERMINATION OF PENALTIES
Article 90. General principles
1. Whenever the law establishes a penalty, it refers to the crime in its consummated
form.
2. The concrete extent of the penalty within the scope of the abstract penalty shall
be determined in the following manner:
a) Any modifying aggravating circumstances of recurrence and
habitual criminality, as described in articles 53 and 54, shall be
applied to the abstract penalty corresponding to the
consummated crime;
b) Any extraordinarily mitigating circumstances shall be taken into
consideration, in the absence of any modifying circumstances, if
provisions in the previous paragraph have been met or based on
the abstract penalty for the consummated crime.
Article 91. Determination of a specific penalty
1. Once the abstract scope of the penalty has been determined under the terms of
the previous article, the court shall assess all circumstances that, not forming part of
the legal definition itself nor having been weighed in light of the previous article,
either aggravate or mitigate the liability of the convict.
2. Upon weighing these latter circumstances, the court shall determine the exact
extent of the penalty deemed necessary to protect legal interests essential to life in
society and to reintegrate the perpetrator into society within the limits established in
the definition of the crime or resulting from application of the previous article.
3. Under no circumstance may the extent of the penalty applied to the convict
exceed the limit befitting the guilt.
Article 92. Special case of the penalty of fine
In the event of the penalty of fine, the provisions of this chapter are applicable in
determining the duration of the fine without prejudice to provisions in subarticle 75.2
for calculating the amount corresponding to each day of fine.
CHAPTER VIII
SECURITY MEASURES
SECTION I
INTERNMENT MEASURES
Article 93. Assumptions
Whenever an act described as a defined crime is committed by a person exempt
from criminal liability under article 21, that person shall be interned in an appropriate
establishment, whenever, due to a mental disorder and the nature and gravity of the
act committed, the court has reason to believe that the perpetrator may commit other
like acts corresponding to crimes against individuals or crimes posing collective
danger.
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