DECREE-LAW No. 13/2005 OF APPROVING THE CRIMINAL PROCEDURE CODE
Article 3
Serious Crimes
All provisions regulating cases related to serious crimes committed between 1 January and 25 October 1999 remain in force, notably those contained:
(a) in sub-articles 9.1, 9.2 and 9.4 of UNTAET Regulation No. 2000/11, of 6 March, as it currently reads;
(b) in UNTAET Regulation No. 2000/15, of 6 June.
CRIMINAL PROCEDURE CODE
PART I
ON THE GENERAL PART
TITLE I
PRELIMINARY AND GENERAL PROVISIONS
Article 5
Territorial application of the law
1. The criminal procedure law applies throughout the territory of Timor-Leste.
2. The criminal procedure law also applies in a foreign territory, under the terms defined in international law treaties, conventions, and rules.
CRIMINAL PROCEDURE CODE
PART I
ON THE GENERAL PART
TITLE II
ON THE COURTS
CHAPTER II
ON JURISDICTION
SECTION III
ON TERRITORIAL JURISDICTION
Article 16
General rule
1. The court of the jurisdiction where a criminal offence was consummated is the competent court to adjudicate the offence.
2. Where a criminal offence could not be consummated or was consummated through successive or reiterated acts, or through a permanent act, the competent court is the one in whose jurisdiction the last act was practised or where the offence was fully
consummated.
Article 17
Criminal offence committed aboard a vessel or aircraft
1. The court in whose jurisdiction the perpetrator disembarks is the competent court to adjudicate an offence practised aboard a vessel or aircraft.
2. Where the perpetrator does not disembark in Timorese territory, the court of the jurisdiction where the vessel or aircraft was registered is the competent court.
Article 18
Criminal offence committed overseas
1. Where a criminal offence is committed overseas, the competent court is the court with jurisdiction over the area, within the territory of Timor-Leste, where the perpetrator was found.
2. Where the perpetrator was not found or he or she remains overseas, the competent court is the court with jurisdiction over the area of his or her last known residence in Timorese territory.
Article 19
Subsidiary rule
1. In case a criminal offence is related to places falling within the jurisdiction of more than one court and should there be any doubts as to the determination of territorial jurisdiction, or where the criminal offence was committed in an unknown place, the competent court is the court to which the offence was first reported.
2. In cases other than those foreseen in this section, the competent court is the court to which the criminal offence was first reported.
BOOK I
GENERAL PART
TITLE I
APPLICATION OF CRIMINAL LAW
SINGLE CHAPTER
GENERAL PRINCIPLES
Article 7. Principle of territorial applicability
Except as otherwise provided in international treaties and conventions, and regardless of the nationality of the perpetrator Timorese criminal law is applicable to crimes committed in the territory of Timor-Leste and aboard vessels and aircraft with Timorese registration or under Timorese flag.
PART VII
FINAL AND TRANSITIONAL PROVISIONS
Section 160 (Serious Crimes)
Acts committed between the 25th of April 1974 and the 31st of December 1999 that can be considered crimes against humanity of genocide or of war shall be liable to criminal proceedings with the national or international courts.
Section 2
Interpretative Statement
1. The Democratic Republic of Timor-Leste expresses its intention to exercise, in compliance with the constitutional rules and all other national criminal legislation, jurisdiction over people found within its national territory, who have been indicted for crimes provided for in subsection 5.1 of the Statute.
1. The Court has jurisdiction only with respect to crimes committed after the entry into force of this Statute.
2. If a State becomes a Party to this Statute after its entry into force, the Court may exercise its jurisdiction only with respect to crimes committed after the entry into force of this Statute for that State, unless that State has made a declaration under article 12, paragraph 3.
1. A State which becomes a Party to this Statute thereby accepts the jurisdiction of the Court with respect to the crimes referred to in article 5.
2. In the case of article 13, paragraph (a) or (c), the Court may exercise its jurisdiction if one or more of the following States are Parties to this Statute or have accepted the jurisdiction of the Court in accordance with paragraph 3:
(a) The State on the territory of which the conduct in question occurred or, if the crime was committed on board a vessel or aircraft, the State of registration of that vessel or aircraft;
(b) The State of which the person accused of the crime is a national.
3. If the acceptance of a State which is not a Party to this Statute is required under paragraph 2, that State may, by declaration lodged with the Registrar, accept the exercise of jurisdiction by the Court with respect to the crime in question. The accepting State shall cooperate with the Court without any delay or exception in accordance with Part 9.
The Court may exercise its jurisdiction with respect to a crime referred to in article 5 in accordance with the provisions of this Statute if:
(a) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by a State Party in accordance with article 14;
(b) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by the Security Council acting under Chapter VII of the Charter of the United Nations; or
(c) The Prosecutor has initiated an investigation in respect of such a crime in accordance with article 15.