'Repetition of criminal offences' in document 'Timor-Leste - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

BOOK I
GENERAL PART

TITLE II
ON CRIME

CHAPTER IV
JOINDER AND CONTINUOUS CRIMES

Article 35. Joinder of crimes

1. The number of crimes is considered the number of legally defined types of actually committed crimes, or by the number of times that the same type has been committed through the conduct of the perpetrator.

2. For the purpose of applying the following article, joinder is whenever the perpetrator, having committed a crime, commits another crime before final sentence is rendered.

BOOK I
GENERAL PART

TITLE III
CIRCUMSTANCES

SINGLE CHAPTER
GENERAL RULES

Article 54. Habitual criminality

1. Whenever any person commits a crime of intent, and an actual prison sentence exceeding one year should be applied, and cumulatively, the following requirements are met :

a) The perpetrator has previously committed three or more crimes of intent and has been punished by effective imprisonment ;
b) Less than three years having elapsed between each of the crimes ;
c) Assessment of both the acts and personality of the perpetrator reveals a strong or dangerous tendency toward crime ;

The applicable penalty will be that for the crime committed with its minimum and maximum limits increased by one-third.

2. Provisions of this law shall prevail over any specific rules for punishing recurrence.