Willingness to accept sentenced persons


Código do Processo Penal de Timor-Leste



Article 354
Requirements for confirmation

1. In order for a criminal sentence imposed by a foreign court to be confirmed, the following requirements need to be met :

(a) that, by virtue of the law, treaty or convention, the sentence may be enforced in the territory of Timor-Leste ;
(b) that the fact that has served as a basis for the conviction is also punishable by the Timorese law ;
(c) that the sentence has not imposed any penalty or security measure prohibited by the Timorese law;
(d) that the defendant has been assisted by a defender and, where the defendant was not familiar with the language used in the proceeding, also by an interpreter ;
(e) that, except as otherwise stated in a treaty or convention, the sentence is not related to a crime that can be described, in accordance with the Timorese law or that of the country where the sentence was rendered, as a crime against the state security.

2. Where the criminal sentence imposed by a foreign court has imposed a penalty that is not provided in the Timorese law or a penalty provided in the Timorese law but to an extent greater than the maximum admissible under law, the sentence is confirmed, but the penalty imposed shall be either converted to the extent that corresponds to such a case under the Timorese law or reduced up to the appropriate limit.

3. A sentence imposed by a foreign court may be confirmed even though its minimum limit is below the one admissible under the Timorese law.

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.