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 II
REFUTING IMPOSED RESTRICTIVE MEASURES

Article 205
Habeas corpus

1. Any person who finds himself or herself under unlawful arrest or detention may, directly or through any other person fully exercising his or her political rights, request the Supreme Court of Justice to grant him or her a writ of habeas corpus.

2. In order for the arrest or detention of a person to be considered unlawful, it must be based on one of the following facts :

(a) be carried out or ordered by an entity not having the competence to do so ;
(b) be motivated by a fact in which regard arrest or detention is not permitted by law ;
(c) expiry of the time limits for the duration thereof, namely the seventy-two-hour deadline for the presentation of the person under arrest or detention for his or her first judicial questioning ;
(d) the person is kept on premises other than the ones permitted by law.

Keywords

Fair trial standards
Rights during investigation - arbitrary arrest or detention and deprivation of liberty
Rights during investigation - informed of belief that crime has been committed



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