Timor-Leste

Código do Processo Penal de Timor-Leste

CRIMINAL PROCEDURE CODE

PART II
ON ORDINARY PROCEDURES

TITLE I
ON INVESTIGATION

CHAPTER I
GENERAL PROVISIONS

SECTION III
DETENTION

Article 221
Arrest warrants

1. Subject to sub-article 220.2, an arrest other than in flagrante delicto may be carried out only through a warrant the duplicate of which shall be handed over to the person to be arrested.

2. An arrest warrant must contain :

(a) the identification of the person to be arrested and the capacity in which he or she is intervening in the case;
(b) brief indication of the grounds for the arrest and its purpose;
(c) identification and number of the case file regarding the arrest.

3. The warrant is written in triplicate, one of the duplicates being attached to the records once the arrest has been certified, the other kept in the files of the arresting entity, and the original handed over to the person to be arrested, in the act of his or her capture.

4. An arrest that is not in compliance with this and the preceding article is unlawful.

Article 222
Notifying an arrest

An arrest must be immediately notified to :

(a) the judge who has ordered the arrest if the arrested person is not immediately presented to the former ;
(b) the public prosecutor in any other cases.

Article 223
Releasing an a person under arrest

1. Any entity who has ordered an arrest or to whom the person under arrest has been delivered shall release the latter immediately :

(a) as soon as it becomes evident that the arrest was carried out in a situation of mistaken identity ;
(b) if it has been carried out outside the cases and the conditions provided in the law, namely in the cases where the 72-hour period to present the detainee has been exceeded ;
(c) as soon as such order becomes unnecessary.

2. Release is preceded by a writ if the arrest has been ordered by the public prosecutor or the judge and, in the case of another entity, through the subsequent preparation of a report to be attached to the case file.

3. Any release carried out on the initiative of any police entity, before the person under arrest has been presented to the judge, must be notified to the public prosecutor, under the penalty of disciplinary liability.

Keywords

Provisional arrest
Arrest
Surrender
Request for arrest and surrender
Cooperation under procedures of national law
Request for provisional arrest
Provisional arrest for national proceedings



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