PENAL CODE of the Democratic Republic of Timor Leste Article 165. Trafficking in human organs 1. Any person who obtains, sells, assigns, purchases, transports or transfers tissues, organs, substances or parts of the human body of third parties without consent or through use of threats, force or other forms of coercion, kidnapping, fraud, deceit, abuse of authority or situation of vulnerability, or by means of delivery or acceptance of payments or benefits, or assists in the collection, transaction, transport or storage of the above shall be punishable with 3 to 10 years imprisonment. 2. If commission of any of the acts mentioned in the subarticle above results in any of the effects provided for in article 146 or the death of the victim, the perpetrator shall be punishable with 4 to 12 years imprisonment and 5 to 20 years imprisonment, respectively. 3. Consent of the victim is criminally irrelevant, if any of the means referred to in subarticle 1 were used. Article 166. Sale of persons 1. Any person who, apart from the cases provided in article 163, by any act or other means of transaction, transfers a person, or group of persons, to another person or group of persons against payment of any sum or any other exchange, reward or advantage, is punishable with 2 to 8 years imprisonment. 2. If the acts referred to in the previous subarticle are committed: a) Against a minor aged less than 17 years; b) Through abuse of authority arising from a family relationship, ward or guardianship, or hierarchical, economic or labor-related dependence; c) Through taking advantage of any office or authority held, in any capacity, in a prison, educational or correctional establishment, hospital, mental institution, rest home, clinic or other health establishment or establishment intended to provide assistance or treatment; or d) Upon an unconscious or incapable person who is particularly vulnerable by virtue of disease, physical or mental deficiency; Said perpetrator is punishable with 4 to 12 years imprisonment. 3. Consent of the victim or third party who exerts any form of power over the victim is criminally irrelevant. Article 167. Torture or other cruel, degrading or inhuman treatment 1. Any person who, having the duty to prevent, investigate and decide on any types of offence, and to enforce the respective penalties, or to protect, guard, conduct surveillance on or monitor any persons who have been detained or arrested and commits torture or cruel, degrading or inhumane treatment, in order to a) obtain from that person or from another person a confession, deposition, statement or information; b) punish that person for an act actually or allegedly committed by the same or another; c) intimidate that person or another person is punishable with 2 to 8 years imprisonment. 2. The penalty provided for in the preceding paragraph shall also be imposed to any person who, on his or her own initiative, orders from a superior or in accordance with any authority competent to perform the duties described in the previous subarticle, 48

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents