Territorial jurisdiction - national proceedings

Timor-Leste

Código do Processo Penal de Timor-Leste

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.

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.

Código Penal de Timor-Leste

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.

Ratifica O Estatuto de Roma do Tribunal Penal Internacional

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.

Rome Statute

Article 12 Preconditions to the exercise of jurisdiction

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;