Timor-Leste

Código do Processo Penal de Timor-Leste

CRIMINAL PROCEDURE CODE

PART I
ON THE GENERAL PART

TITLE VI
ON RESTRICTIVE AND PROPERTY-GUARANTEE MEASURES

CHAPTER II
RESTRICTIVE MEASURES

SECTION I
APPLICABLE MEASURES AND RESPECTIVE RULES

Article 195
Duration of pre-trial detention and other measures

1. Pre-trial detention may not exceed, from its beginning:

(a) one year without the presentation of an indictment ;
(b) two years without a first-instance conviction ;
(c) three years without a final conviction except that an appeal is filed over constitutionality matters, in which case the time limit is extended to three and a half years.

2. The abovementioned time limits are also increased by six months where the case proves to be exceptionally complex, and a substantiated order in this respect shall be issued by the judge.

3. Once the time limits mentioned in the previous sub-articles have elapsed, the defendant must be released immediately, except where the defendant is due to remain in prison on account of another case.

4. The restrictive measures provided in articles 192 and 193 shall lapse where, from the beginning of their execution, the time limits referred to in sub-article 195.1, increased twice as much, have expired.

Keywords

Fair trial standards
Rights during investigation - arbitrary arrest or detention and deprivation of liberty



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