Criminal Procedure Code at East Timor
The Criminal Procedure Code of Timor-Leste (Código do Processo Penal) is the cornerstone of the country's criminal justice system. It was promulgated in 2000 under UNTAET Regulation No. 2000/30 and has been the subject of significant reforms since Timor-Leste's independence in 2002. (Arrest in 'Timor-Leste - Criminal Procedure Code', Linton, Suzannah --- "Rising from the Ashes: The Creation of a Viable Criminal Justice System in East Timor" [2001] MelbULawRw 5; (2001) 25(1) Melbourne University Law Review 122)
Key Features of the Criminal Procedure Code
1. Legal Framework and Structure
The Code is modeled on the Portuguese legal system and is divided into two main parts:
Part I: General provisions, including rules on evidence and sentencing.
Part II: Ordinary procedures, detailing the steps from investigation to trial and appeal . (Legal Research in Timor-Leste - Globalex)
2. Pre-Trial Detention and Restrictive Measures
Pre-trial detention is governed by Articles 194 to 200. Key provisions include:
Detention is permissible when there are strong indications of a crime punishable by imprisonment exceeding three years.
The duration of pre-trial detention is limited: one year without indictment, two years without a first-instance conviction, and three years without a final conviction . (Arrest in 'Timor-Leste - Criminal Procedure Code', Code of Business Registration (approved by Decree-Law No. 7/2006 of March 1, 2006), Timor-Leste, WIPO Lex)
3. Arrest Procedures
Arrests not made in flagrante delicto require a warrant, which must be provided to the person being arrested. The arresting authority must notify the judge or public prosecutor promptly . (Arrest in 'Timor-Leste - Criminal Procedure Code')
4. Special Regimes for Serious Crimes
Decree-Law No. 4/2006 establishes special procedures for cases involving terrorism, organized crime, and other serious offenses. It allows for detention and searches without prior judicial authorization if there is well-grounded circumstantial evidence of imminent danger . (Special Arrangements Within the Criminal Procedure Framework for Cases of Terrorism, Violent or Organized Crime « Government of Timor-Leste, Decree-Law No. 4/2006, Special Regimes Within the Criminal Procedure Framework for Cases of Terrorism, Violent or Highly Organized Crime (Timor-Leste) | ADB’s Law and Policy Reform Program)
5. Judicial Oversight and Court Structure
The Code outlines the composition and jurisdiction of courts, specifying that:
First-instance courts may sit with a single judge or a panel of three, depending on the offense.
Appeals are heard by panels of three judges, with the possibility of a five-judge panel in certain cases . (Criminal Procedure Code)
Challenges and Developments
Since its adoption, the Criminal Procedure Code has undergone revisions to address emerging challenges. For instance, the establishment of the Polícia Científica de Investigação Criminal (PCIC) in 2014 aimed to enhance the capacity for criminal investigations and forensic analysis . (Criminal Procedure Code, Polícia Científica de Investigação Criminal)
Additionally, the Special Panels for Serious Crimes, a hybrid international-East Timorese tribunal, was set up in 2000 to prosecute serious offenses committed during the 1999 conflict. These panels operated until 2006 and played a crucial role in transitional justice . (Special Panels for Serious Crimes)
Accessing the Code
The full text of the Criminal Procedure Code is available through the World Intellectual Property Organization (WIPO) Lex database: 👉 Criminal Procedure Code – WIPO Lex (Code of Business Registration (approved by Decree-Law No. 7/2006 of March 1, 2006), Timor-Leste, WIPO Lex)
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