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

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 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 110
Review by the Court concerning reduction of sentence
1. The State of enforcement shall not release the person before expiry of the sentence pronounced by the Court.
2. The Court alone shall have the right to decide any reduction of sentence, and shall rule on the matter after having heard the person.
3. When the person has served two thirds of the sentence, or 25 years in the case of life imprisonment, the Court shall review the sentence to determine whether it should be reduced. Such a review shall not be conducted before that time.
4. In its review under paragraph 3, the Court may reduce the sentence if it finds that one or more of the following factors are present:
(a) The early and continuing willingness of the person to cooperate with the Court in its investigations and prosecutions;
(b) The voluntary assistance of the person in enabling the enforcement of the judgements and orders of the Court in other cases, and in particular providing assistance in locating assets subject to orders of fine, forfeiture or reparation which may be used for the benefit of victims; or
(c) Other factors establishing a clear and significant change of circumstances sufficient to justify the reduction of sentence, as provided in the Rules of Procedure and Evidence.
5. If the Court determines in its initial review under paragraph 3 that it is not appropriate to reduce the sentence, it shall thereafter review the question of reduction of sentence at such intervals and applying such criteria as provided for in the Rules of Procedure and Evidence.