Criminal
A 2009 Penal Code replacing transitional Indonesian and UNTAET law
The Penal Code of 2009 is the first wholly Timorese criminal code. It replaced a patchwork of Indonesian criminal law and UNTAET-era regulations that had applied during the transitional administration, and it is applied alongside a separate Criminal Procedure Code.
Key rules
- Jurisdiction — National. Serious offences are tried in the district courts before panels of judges.
Governing law
- Penal Code (Decree-Law No. 19/2009) — the substantive criminal code
- Criminal Procedure Code (Decree-Law No. 13/2005) — investigation, charge and trial
In practice
Investigations are directed by the Public Prosecution Service, which has a monopoly on bringing serious charges. The Penal Code abolished the death penalty in line with the constitutional prohibition, and the maximum penalty is a determinate prison term. Domestic violence is dealt with under a dedicated statute, the Law Against Domestic Violence of 2010, which treats it as a public crime that can be prosecuted without a complaint from the victim — a significant departure from the earlier position.