PENAL CODE of the Democratic Republic of Timor Leste
Article 8. Crimes committed outside national territory
Except as otherwise provided in treaties and conventions, Timorese criminal law is
applicable to acts committed outside of the national territory of Timor-Leste in the
following cases:
a) They constitute crimes provided for in articles 196 to 206, 229 to 242 and
307 to 313;
b) They constitute crimes described in articles 123 to 135, 161 to 169 and 175
to 178, as long as the perpetrator is found in Timor-Leste and cannot be
extradited or a decision has been made not to do so;
c) They are committed against Timorese nationals, so long as the perpetrator
normally lives and is found in Timor-Leste;
d) They are committed by Timorese or foreigners against Timorese nationals,
so long as the perpetrator is found in Timor-Leste, the acts are equally
punishable by the legislation of the place in which the acts were committed
and they constitute a crime which allows for extradition and it cannot, in the
particular case, be granted;
e) They refer to crimes that the Timorese State has an obligation to try pursuant
to any international convention or treaty.
Article 9. Restrictions on application of Timorese law
1. The application of Timorese criminal law to acts perpetrated abroad only occurs
when the perpetrator has not been tried with a final decision rendered in the place
where the act was committed, or when the perpetrator has wholly or partially evaded
execution of the sentence.
2. Though Timorese criminal law may be applied under the terms of the previous
subarticle, the act shall be tried according to the law of the country where the act
was committed whenever this is more lenient to the perpetrator.
3. In the cases referred to in the previous subarticle, the applicable punishment is
converted to that which corresponds to the Timorese system or, if there is no direct
correspondence, to that which the Timorese law provides for said act.
4. In the event the perpetrator is tried in Timor-Leste and has been previously tried in
the place where the act was committed, the sentence already served outside of
Timor-Leste shall be taken into consideration.
5. The provisions described in subarticle 2 are not applicable to crimes identified in
lines a) and b) of previous article.
Article 10. Subsidiary application of the law
Unless provided otherwise, provisions in this Code apply to acts made punishable in
specific legislation.
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