'Early release - national proceedings' 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 II
ON THE EXECUTION OF A PRISON SENTENCE

Article 331
Parole

1. Where the imposed prison sentence exceeds six months, and once one half of the sentence has been served, the court shall, if requested to do so or at its own discretion, request the public prosecutor, the prison service, and other services referred to in the sentencing law, to issue an opinion on the granting of parole.

2. Opinions shall be issued within thirty days.

3. Once the opinions referred to in sub-article 331.1have been compiled, the judge issues an order deciding whether to grant parole or not.

4. The granting of parole may be subject to the fulfilment of the same duties as those upon which the suspension of the execution of a prison sentence is dependant.

Article 332
Requirements for granting parole

1. The granting of parole depends on the convicted person’s good behaviour in prison and strong capacity and willingness to readapt himself or herself to society and on other requirements as provided in the sentencing law.

2. The granting of parole, regardless of the requirements referred to in sub-article 332.1, is compulsory after the convict has served five-sixths of the sentence, where it has not been granted at an earlier stage.

Article 333
Revocation of parole

1. Parole is revoked where the convicted person commits, during the course of the period of parole, a crime punishable with imprisonment and is convicted of such a crime and punished with imprisonment.

2. If during the course of the period of parole, the convicted person is punished for another crime or breaches the duties upon which parole is dependant, the judge may, as the case may be :

(a) solemnly warn him or her ;
(b) extend the period of parole for another year ;
(c) revoke parole.

3. Revocation of parole implies the execution, in entire or in part, of the imprisonment yet to be served, without prejudice to the convict being granted parole again, after one year has elapsed.