Criminal law in Timor-Leste

The main legal basis is the Penal Code adopted by Decree-Law 19/2009 and the Code of Criminal Procedure. The former Indonesian Penal Code has been repealed. Criminal liability follows legality, non-retroactivity except where a later rule is more favourable, and the prohibition of being tried twice for the same matter. Torture, coercion and unlawfully obtained evidence are excluded, and privacy receives procedural protection. Individuals are liable for their own conduct. A company is criminally liable only where a statute expressly provides for it. Intent is the normal basis of liability; negligence is punishable only where the relevant offence provides for it. Attempt is generally punishable for an intentional offence whose maximum penalty exceeds three years. The Code distinguishes authorship, instigation and complicity. The Ministério Público, within the Procuradoria-Geral da República, leads criminal enquiries. The Polícia Nacional de Timor-Leste, known as PNTL, and other criminal-police bodies investigate under prosecutorial direction. PCIC handles specialised investigations such as homicide, kidnapping, trafficking, torture, sexual offences, organised crime, State-security offences and selected environmental or prison offences. Law 9/2022 coordinates PCIC, PNTL, the Anti-Corruption Commission, the Migration Service and related investigative functions. Criminal cases at first instance are heard by the Tribunal Judicial de Primeira Instância in Dili, Baucau, Suai or Oecusse. The Tribunal de Recurso currently performs the transitional highest appellate function while the Supreme Court of Justice remains pending. The Defensoria Pública provides free and comprehensive legal aid to people without sufficient means. A suspected public crime may be reported by any citizen to the Ministério Público or police. A semi-public crime generally requires a complaint from the person entitled to make it, usually within six months after learning of the act and its author. Police officers and other public agents who learn of a crime have an immediate reporting duty. Domestic-violence reception centres can refer reports to the PNTL or Ministério Público and can connect victims with shelter, medical, social and court support. The usual formal pathway is a report or complaint, prosecutorial enquiry, dismissal or indictment, trial, appeal and execution of the decision. Community or customary mechanisms do not replace public criminal prosecution in the formal criminal-law system. During an investigation, a police identity check may last up to 12 hours when there is no separate basis for detention. In flagrante situations or where evidence faces an immediate risk of destruction, urgent searches, checks or seizures may occur without a prior court order, but this exception does not authorise a home search. Home searches and other acts restricting fundamental rights remain subject to judicial control. Police may arrest in flagrante situations; another witness may arrest when police are unavailable. Outside flagrante situations, a judge normally issues the arrest warrant, with limited emergency powers for police or the Ministério Público. The first judicial questioning of an arrested person may last up to 72 hours. An accused person may remain silent, and silence cannot be used against that person. A defender is compulsory for the first questioning of a person under arrest or detention and from indictment through the final decision, including an appeal. The prosecutorial enquiry normally lasts six months when pre-trial detention applies, with one exceptional six-month extension for complex cases. Without pre-trial detention, the period is doubled. Once sufficient evidence exists, the indictment should follow within 15 days. Pre-trial measures must be proportionate and use the least intrusive suitable option. Detention can be based on a serious indication of an offence punishable by more than three years when alternatives are inadequate, including risks of flight, interference with evidence or proceedings, continued offending or serious public-order concerns. The maximum detention periods are one year without an indictment, two years without a first-instance conviction and three years without a final conviction, with a possible six-month extension for exceptional complexity. A court reviews detention every six months, and time in detention counts toward a later sentence. A trial is generally public, oral and adversarial. The court may close proceedings to protect dignity, morality or security, and proceedings involving a sexual-offence victim under 18 are generally not public. The defendant normally has to attend. A judgment must state its factual and legal reasons. An appeal can challenge both facts and law. The Penal Code covers offences against life and physical integrity, liberty, sexual autonomy, trafficking and slavery, property and fraud, public peace, democratic practice, State security, corruption, embezzlement, abuse of office, the administration of justice, collective safety, the environment, currency and documents. Special legislation includes Law 7/2010 on domestic violence, Law 17/2011 on anti-money-laundering and counter-terrorist-financing measures, and Law 2/2009 on witness protection. Trafficking carries eight to 20 years of imprisonment; aggravated cases, including a victim under 17, carry 12 to 25 years. Rape carries five to 15 years. The minimum ordinary imprisonment term is 30 days and the maximum is 25 years; special provisions can allow up to 30 years. A fine is calculated as 10 to 360 daily units, with each unit ranging from US$0.50 to US$200. A fine is generally payable within one year or in instalments over no more than two years. Community service requires consent, with one hour corresponding to one day of imprisonment, up to 240 hours, and it can replace imprisonment of no more than one year or a fine. Courts can also impose suspended imprisonment, probation and parole or reintegration measures. The law provides for mandatory parole after five-sixths of the sentence, subject to the applicable conditions. A court may issue an admonishment for a first offender where the offence has a maximum penalty of no more than three years and the harm has been repaired. DNSPRS administers imprisonment, security measures and non-custodial measures. A lezadu is an aggrieved or harmed party who can act as a procedural assistant to the Ministério Público. A victim may access case records within the applicable procedural rules and may seek compensation separately or in the criminal case. If the victim has not taken a position within eight days, compensation may be decided in the criminal proceeding. Victims can receive information and referrals through the PNTL, Ministério Público, Defensoria Pública, medical services and social services. Law 2/2009 allows exceptional witness protection, including concealed identity or voice, remote testimony, police protection, relocation, new identity documents and support for close family members. Concealed-identity testimony cannot alone or significantly form the basis of a conviction. Children under 16 are exempt from criminal liability. The law envisages a special regime for people aged 16 to under 21, but as of September 2026 Timor-Leste lacks a coherent, comprehensive specialised juvenile-justice framework. The Court of Appeal recognised this continuing gap in 2026. DNSPRS youth centres provide a functional custody and reintegration alternative, but they do not amount to a complete separate juvenile procedure. Road traffic offences combine administrative rules and criminal offences. The Highway Code under Decree-Law 6/2003 governs traffic and administrative fines, while driving without a licence can bring up to two years of imprisonment or a fine. Driving with more than 1.2 mg/l of alcohol in the blood or under the influence of psychotropic substances carries the same maximum. Dangerous driving carries one to four years, while negligent dangerous driving carries up to two years or a fine. DNTT administers driving licences and vehicle rules. The Penal Code criminalises computer fraud with up to three years of imprisonment or a fine when a complaint is required, and aggravated online fraud with three to ten years. Tampering with telecommunications or correspondence carries up to two years or a fine. The PCIC cybercrime unit handles illegitimate access, online fraud, digital child sexual exploitation, extortion, attacks on critical infrastructure and digital forensics. A dedicated comprehensive cybercrime and cyber-procedure package was submitted as a legislative proposal on 31 July 2026, and CICDE was created on 6 August 2026, but no enacted standalone package was evidenced by the September 2026 review. Criminal court fees vary with the court and case. A one-judge court can charge US$10 to US$200, a panel court US$20 to US$400, and an appeal US$10 to US$200; the judge sets the amount according to means and complexity. Settlement and payment of costs generally follow within 10 days. If costs exceed US$50, instalments may extend for up to 12 months. Public-defender aid is free for people without sufficient means, while private-counsel fees are not standardised.