DECREE-LAW No. 13/2005 OF APPROVING THE CRIMINAL PROCEDURE CODE

Article 3
Serious Crimes

All provisions regulating cases related to serious crimes committed between 1 January and 25 October 1999 remain in force, notably those contained:

(a) in sub-articles 9.1, 9.2 and 9.4 of UNTAET Regulation No. 2000/11, of 6 March, as it currently reads;
(b) in UNTAET Regulation No. 2000/15, of 6 June.

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.

2. The criminal procedure law also applies in a foreign territory, under the terms defined in international law treaties, conventions, and rules.

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.