Enforcement of sentences imposed

Democratic Republic of Timor-Leste

Código Penal de Timor-Leste




Article 64. Execution of penalties or imprisonment measures

1. A perpetrator convicted and sentenced to effective imprisonment or subject to an internment measure may be granted parole or probation.

2. Except where otherwise provided, once the convict has served five-sixths of the imposed sentence, the same must be released on parole.

3. Except as described in the previous subarticle, parole cannot be granted without consent of the convict.

4. Specific legislation shall establish the pre-requisites and conditions for granting parole, as well as the rights and duties of inmates and pre-requisites and conditions under which an effective prison sentence may be served at large.




Article 66. Duration of a prison sentence

1. A prison sentence shall have a minimum duration of 30 days and a maximum of 25 years.

2. In special cases provided for by law, the maximum duration of a prison sentence shall be 30 years.

3. Under no circumstances may the maximum duration referred in the above subarticle be exceeded.




Article 75. Duration of the penalty of fine

1. The penalty of fine ranges from a minimum of 10 to a maximum of 360 days, except where otherwise provided in law.

2. Each day of fine corresponds to an amount ranging from 50 cents to 200 US dollars, which the court shall determine depending on the economic and financial status of the convict and his or her personal expenses.

3. Whenever circumstances surrounding the case so justify, the court may authorize the payment of the fine within the period of 1 year, or allow payment in installments, with the final installment due no later than two years after the date of rendering of the final decision.

Article 76. Imprisonment as alternative to fine

The decision that directly applies the penalty of fine shall determine imprisonment as an alternative to the length of time corresponding to the fine, reduced to two-thirds.

Article 77. Exemption or reduction of the penalty of fine

1. If a convict punished with a penalty of fine fails to carry out the sentence due to circumstances occurring after conviction, that make compliance to the same impossible or difficult and said circumstances are not attributable to the convict, the court may order a reduction or exemption of the penalty.

2. The previous subarticle is applicable to the penalty of fine as a substitute for imprisonment.




Article 102. Forfeiture of objects of the crime

1. Objects that were used or destined to be used in the commission of a crime, or were results from the same, shall be forfeited to the State, whenever, due to their nature or the circumstances surrounding the case, the same may endanger the security of persons or public order, or pose serious risk of being used in the commission of further crimes.

2. Rights shall be safeguarded regarding objects belonging to any victim or third party, who has not participated in their use or production nor taken advantage thereof.

3. The court shall determine the disposal of objects declared forfeited whenever not specified in law, and may order the partial or complete destruction thereof or to remove them from circulation.

4. Provisions in subarticle 102.1 shall apply even when no specific person can be punished for the crime.

Article 103. Forfeiture of benefits

1. All items, rights or benefits directly or indirectly acquired as a result of the commission of a crime shall be declared forfeited to the State, without prejudice to the rights of any victim or third parties acting in good faith.

2. If said items, rights or benefits cannot be appropriated in kind, their forfeiture shall be compensated through payment of their respective value to the State.

Rome Statute

Article 103 Role of States in enforcement of sentences of imprisonment


(a) A sentence of imprisonment shall be served in a State designated by the Court from a list of States which have indicated to the Court their willingness to accept sentenced persons.

(b) At the time of declaring its willingness to accept sentenced persons, a State may attach conditions to its acceptance as agreed by the Court and in accordance with this Part.

(c) A State designated in a particular case shall promptly inform the Court whether it accepts the Court's designation.


(a) The State of enforcement shall notify the Court of any circumstances, including the exercise of any conditions agreed under paragraph 1, which could materially affect the terms or extent of the imprisonment. The Court shall be given at least 45 days' notice of any such known or foreseeable circumstances. During this period, the State of enforcement shall take no action that might prejudice its obligations under article 110.

(b) Where the Court cannot agree to the circumstances referred to in subparagraph (a), it shall notify the State of enforcement and proceed in accordance with article 104, paragraph 1.

3. In exercising its discretion to make a designation under paragraph 1, the Court shall take into account the following:

(a) The principle that States Parties should share the responsibility for enforcing sentences of imprisonment, in accordance with principles of equitable distribution, as provided in the Rules of Procedure and Evidence;

(b) The application of widely accepted international treaty standards governing the treatment of prisoners;

(c) The views of the sentenced person;

(d) The nationality of the sentenced person;

(e) Such other factors regarding the circumstances of the crime or the person sentenced, or the effective enforcement of the sentence, as may be appropriate in designating the State of enforcement.

4. If no State is designated under paragraph 1, the sentence of imprisonment shall be served in a prison facility made available by the host State, in accordance with the conditions set out in the headquarters agreement referred to in article 3, paragraph 2. In such a case, the costs arising out of the enforcement of a sentence of imprisonment shall be borne by the Court.

Article 104 Change in designation of State of enforcement

1. The Court may, at any time, decide to transfer a sentenced person to a prison of another State.

2. A sentenced person may, at any time, apply to the Court to be transferred from the State of enforcement.

Article 105 Enforcement of the sentence

1. Subject to conditions which a State may have specified in accordance with article 103, paragraph 1 (b), the sentence of imprisonment shall be binding on the States Parties, which shall in no case modify it.

2. The Court alone shall have the right to decide any application for appeal and revision. The State of enforcement shall not impede the making of any such application by a sentenced person.

Article 106 Supervision of enforcement of sentences and conditions of imprisonment

1. The enforcement of a sentence of imprisonment shall be subject to the supervision of the Court and shall be consistent with widely accepted international treaty standards governing treatment of prisoners.

2. The conditions of imprisonment shall be governed by the law of the State of enforcement and shall be consistent with widely accepted international treaty standards governing treatment of prisoners; in no case shall such conditions be more or less favourable than those available to prisoners convicted of similar offences in the State of enforcement.

3. Communications between a sentenced person and the Court shall be unimpeded and confidential.

Article 109 Enforcement of fines and forfeiture measures

1. States Parties shall give effect to fines or forfeitures ordered by the Court under Part 7, without prejudice to the rights of bona fide third parties, and in accordance with the procedure of their national law.

2. If a State Party is unable to give effect to an order for forfeiture, it shall take measures to recover the value of the proceeds, property or assets ordered by the Court to be forfeited, without prejudice to the rights of bona fide third parties.

3. Property, or the proceeds of the sale of real property or, where appropriate, the sale of other property, which is obtained by a State Party as a result of its enforcement of a judgement of the Court shall be transferred to the Court.