'Enforcement of national penalties - fines' in document 'Timor-Leste - Criminal Procedure Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

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.