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. 9

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