CRIMINAL PROCEDURE CODE

PART II
ON ORDINARY PROCEDURES

TITLE IV
ON EXECUTION

CHAPTER II
ON THE EXECUTION OF A PRISON SENTENCE

Article 328
Beginning and end of imprisonment

1. A convicted person punished with imprisonment begins serving the sentence upon his or her admission to the prison establishment and such a sentence ends with his or her release on the morning of the last day of the sentence.

2. In order to start or finish serving his or her sentence, a convicted person is admitted to or discharged from a prison establishment by means of a writ issued by the trial judge.

CRIMINAL PROCEDURE CODE

PART II
ON ORDINARY PROCEDURES

TITLE IV
ON EXECUTION

CHAPTER III
ON THE EXECUTION OF PENALTY OF FINE

Article 335
Voluntary payment

1. A fine may be paid within fifteen days from the date on which the decision imposing it has become final, in an amount determined therein.

2. A request may, within the same deadline, be filed for the payment of the fine to be made in instalments.

3. Sub-article 335.1 does not apply in the event that the payment of a fine in instalments has been authorised.

Article 336
Property execution

1. Property execution shall, at the request of the public prosecutor, apply where the deadline for paying a fine, or some of its instalments, has expired or the convicted person has ceased doing the work he or she is required to carry out in lieu of the fine.

2. Property execution shall be initiated with the motion by the public prosecutor indicating any sufficient and unencumbered assets owned by the convicted person and the latter may, within the same deadline as in which he or she could have voluntarily paid the fine, indicate any assets to be garnished in lieu of those mentioned in the initial motion filed by the public prosecutor.

3. Property execution shall follow the terms of an ordinary execution proceeding, with the necessary adaptations, and shall be dealt with as an attachment to the records in which the conviction was passed.

Article 337
Alternative imprisonment

1. In the event a fine is not paid or where property execution is not feasible, the serving of a prison sentence may be imposed as an alternative.

3. Upon being arrested to serve an alternative prison sentence, the convicted person may avoid the execution of the arrest by paying the fine in its entirety to the official tasked with executing the warrant of arrest. The latter shall issue a receipt acknowledging receipt of the corresponding amount of money and certify the reason why the warrant has not been executed.

CRIMINAL PROCEDURE CODE

PART IV
ON FINAL PROVISIONS

Article 352
Need to review and confirm a sentence passed by a foreign court

1. Where, by virtue of the law, treaty or convention, a criminal sentence imposed by a foreign court is to be valid in the Democratic Republic of Timor-Leste, its enforceability is contingent upon prior review and confirmation by the Supreme Court of Justice.

2. At the request of the person concerned, a civil compensation order contained in a sentence imposed by a foreign court may be confirmed in the same proceeding of review and confirmation of that sentence.

3. Sub-article 355.1 does not apply where the sentence imposed by a foreign court is invoked in the courts of the Democratic Republic of Timor-Leste as an element of proof.

CRIMINAL PROCEDURE CODE

PART IV
ON FINAL PROVISIONS

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.

Article 103
Role of States in enforcement of sentences of imprisonment
1. (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.
2. (a) The State of enforcement shall notify the Court of any circumstances, including the exercise of any conditions agreed under paragraph 1, which could materially affect the terms or extent of the imprisonment. The Court shall be given at least 45 days' notice of any such known or foreseeable circumstances. During this period, the State of enforcement shall take no action that might prejudice its obligations under article 110.
(b) Where the Court cannot agree to the circumstances referred to in subparagraph (a), it shall notify the State of enforcement and proceed in accordance with article 104, paragraph 1.
3. In exercising its discretion to make a designation under paragraph 1, the Court shall take into account the following:
(a) The principle that States Parties should share the responsibility for enforcing sentences of imprisonment, in accordance with principles of equitable distribution, as provided in the Rules of Procedure and Evidence;
(b) The application of widely accepted international treaty standards governing the treatment of prisoners;
(c) The views of the sentenced person;
(d) The nationality of the sentenced person;
(e) Such other factors regarding the circumstances of the crime or the person sentenced, or the effective enforcement of the sentence, as may be appropriate in designating the State of enforcement.
4. If no State is designated under paragraph 1, the sentence of imprisonment shall be served in a prison facility made available by the host State, in accordance with the conditions set out in the headquarters agreement referred to in article 3, paragraph 2. In such a case, the costs arising out of the enforcement of a sentence of imprisonment shall be borne by the Court.

Article 104
Change in designation of State of enforcement
1. The Court may, at any time, decide to transfer a sentenced person to a prison of another State.
2. A sentenced person may, at any time, apply to the Court to be transferred from the State of enforcement.

Article 105
Enforcement of the sentence
1. Subject to conditions which a State may have specified in accordance with article 103, paragraph 1 (b), the sentence of imprisonment shall be binding on the States Parties, which shall in no case modify it.
2. The Court alone shall have the right to decide any application for appeal and revision. The State of enforcement shall not impede the making of any such application by a sentenced person.

Article 106
Supervision of enforcement of sentences and conditions of imprisonment
1. The enforcement of a sentence of imprisonment shall be subject to the supervision of the Court and shall be consistent with widely accepted international treaty standards governing treatment of prisoners.
2. The conditions of imprisonment shall be governed by the law of the State of enforcement and shall be consistent with widely accepted international treaty standards governing treatment of prisoners; in no case shall such conditions be more or less favourable than those available to prisoners convicted of similar offences in the State of enforcement.
3. Communications between a sentenced person and the Court shall be unimpeded and confidential.

Article 109
Enforcement of fines and forfeiture measures
1. States Parties shall give effect to fines or forfeitures ordered by the Court under Part 7, without prejudice to the rights of bona fide third parties, and in accordance with the procedure of their national law.
2. If a State Party is unable to give effect to an order for forfeiture, it shall take measures to recover the value of the proceeds, property or assets ordered by the Court to be forfeited, without prejudice to the rights of bona fide third parties.
3. Property, or the proceeds of the sale of real property or, where appropriate, the sale of other property, which is obtained by a State Party as a result of its enforcement of a judgement of the Court shall be transferred to the Court.