Identification and whereabouts of persons - national proceedings

Democratic Republic of Timor-Leste

Código do Processo Penal de Timor-Leste

CRIMINAL PROCEDURE CODE

PART I
ON THE GENERAL PART

TITLE III
ON PROCEDURAL PARTICIPANTS

CHAPTER V
ON POLICE

Article 53
Identifying a suspect

1. A police officer may request the identity of any person where there is suspicion that such a person is preparing to commit, or has either committed or taken part in, a criminal offence.

2. Where the person is not able to identify himself or herself, or refuses to do so, such a person shall be taken, with urbanity, to the nearest police station where the person shall be furnished with the available means required to render his or her identification possible.

3. Where required, the person may be obliged to subject himself or herself to tests to adequately establish his or her full identification, which do not offend human dignity, notably fingerprint, picture taking or body check.

4. Before twelve hours have elapsed; the person must be restored to full liberty, regardless of the success of the action taken, provided there is no ground for detention.

5. Acts performed in compliance with the preceding sub-articles are put to writing in the form of a report to be conveyed to the Public Prosecution Service forthwith.

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(a) The identification and whereabouts of persons or the location of items;