'Notification of circumstances that could materially affect terms or extent of imprisonment' in document 'Timor-Leste - Criminal Procedure Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

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.

RELEVANT ROME STATUTE PROVISIONS

Article 103
Role of States in enforcement of sentences of imprisonment
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.