PENAL CODE of the Democratic Republic of Timor Leste TITLE VI CRIMES COMMITTED IN THE PERFORMANCE OF PUBLIC FUNCTIONS Article 292. Passive corruption for an unlawful act 1. Any official who, directly or through a third party endorsed by the former, requests or accepts, for him or herself or any third party, any undue material or immaterial benefit, or promise thereof, in exchange for an act or omission contrary to the duties attached to the office, even if prior to said request or acceptance, is punishable with 3 to 15 years imprisonment. 2. Whenever the perpetrator, before commission of the act, voluntarily repudiates the offer or promise accepted, or returns the benefit, or, when a fungible item, restitutes its value, the same shall not be punished. 3. The penalty is extraordinarily mitigated whenever the perpetrator assists in collection of decisive evidence for identification or capture of other persons responsible. Article 293. Passive corruption for a lawful act 1. Any official who, directly or through a third party endorsed by the former, requests or accepts, for him or herself, any undue material or immaterial benefit, or promise thereof, in exchange for an act or omission not contrary to the duties attached to the office, even if prior to said request or acceptance, is punishable with up to 3 years imprisonment or a fine. 2. The same penalty shall apply to any official who, directly or through a third party endorsed by or with consent of the former, requests or accepts, for him or herself or a third party, any undue material or immaterial benefit from a party who has, has had or will have any interest that depends on performance of the his or her official duties. Article 294. Active corruption 1. Any person who, directly or through a third party with consent or endorsement of the former, gives or promises an official or third party who knows the official, any material gain or other benefit not due to said official, for the purpose described in article 292, is punishable with 3 to 10 years imprisonment. 2. If the purpose of the conduct described in the preceding subarticle is identical to that described in article 293, the perpetrator thereof is punishable with up to 2 years imprisonment or a fine. Article 295. Embezzlement 1. Any official who unlawfully appropriates, for his/her own use or that of another, money or any moveable property, public or private, which has been placed in his/her custody, possession or is accessible by virtue of his or her office, is punishable with 3 to 10 years imprisonment if no heavier penalty is applicable by virtue of another legal provision. 2. If any official lends, pledges or, by any other means, encumbers said value or property referred to in the preceding subarticle, the same is punishable with up to 3 years imprisonment or a fine if no heavier penalty is applicable by virtue of another legal provision. 75