Timor-Leste

Código do Processo Penal de Timor-Leste

CRIMINAL PROCEDURE CODE

PART I
ON THE GENERAL PART

TITLE IV
ON PROCEDURAL ACTS

CHAPTER I
ON GENERAL PROVISIONS

Article 75
Public character of proceedings

1. A criminal proceeding is open to the public from the time the indictment is presented.

2. The public character of a proceeding entails the right of :
(a) the media and the general public to attend the proceedings ;
(b) a detailed account of the content of the proceedings by the media ;
(c) access to and extraction of copies, abstracts and certificates of any portion of the records under the terms of sub-article 77.1;

3. The reproduction of briefs or of documents attached to the records, and the making of audio and/or video recordings in relation to proceedings, require prior authorisation from the court.

Article 76
Limitations on the public character of proceedings

1. Exceptionally, the court may, in entire or in part, restrict the public character of a proceeding, provided that the specific circumstances surrounding the case so advise, as a way of preserving other values, notably public morals and human dignity.

2. A limitation on the public character of a proceeding shall never cover the reading of a sentence or the decision on an appeal.

3. A decision by the court to bar some people from attending a proceeding, in entire or in part, namely as a way of sanctioning incorrect behaviours or of guaranteeing the security of the venue of the proceeding and/or of the people taking part therein, shall not be taken to be a restriction on the public character of the proceeding.

4. The court may also bar any person aged less than 18 years from attending the proceeding, and this is not to be construed as a restriction on the public character of the proceeding.

5. In the case of a proceeding in connection with a sexual criminal offence against a person aged less than 18 years, the proceeding shall, as a rule of thumb, be devoid of its public character.

Article 77
Access to the records and extraction of certificates

1. Subject to the preceding articles, the public prosecutor, the suspect, the defendant and the aggrieved person may have access to the records and obtain a certificate or copy there from.

2. Where it becomes evident that that request may not be attended to from a legal perspective, the performance of such acts shall be dependent upon prior authorisation from the judicial authority conducting the ongoing procedural phase.

3. Subject to the previous articles, access to, and the obtaining of a certificate or copy from, the records by other persons shall require the due demonstration of a legitimate interest and prior authorisation from the judicial authority conducting the ongoing procedural phase.

Keywords

Fair trial standards



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