законодательной базы данных

CHAPTER IV

ON CRIMINAL RECORDS

Article 95

Purpose

1. Criminal identification is intended to collect and keep, in an orderly fashion, extracts

of criminal decisions pronounced by Timorese courts against all individuals indicted

therein and of all facts affecting such individuals in other that the criminal background of

these persons can be known.

2. Extracts of decisions of the same nature pronounced against Timorese citizens by

foreign courts are also collected.

Article 96

Elements of a criminal record

The following decisions are subject to entry into a criminal record:

(a) convicting decisions;

(b) decisions cancelling the suspension of sentences;

(c) decisions granting or cancelling parole;

(d) decisions granting amnesty, pardon or clemency, or commuting sentences;

(e) extraordinary decisions authorising the review of previous decisions;

(f) decisions imposing security measures or reviewing, suspending, or cancelling the

suspension of, those or other measures in regard to persons immune from criminal

culpability;

(g) decisions regarding the death of convicted defendants;

(h) decisions cancelling sentences or security measures;

(i) decisions to not enter certain convictions in a criminal record certificate.

(j) decisions refusing to grant extradition requests;

(k) decisions reviewing and confirming convicting decisions by foreign courts.

Article 97

Criminal record forms

1. A criminal record form, also known as CRF, shall contain:

(a) the identification of the defendant, the remitting court, and of the case file;

(a) a summarised description of the fact to be recorded and of the contents of the

decision;

(c) the date, name, signature and rank of the staff responsible for its completion;

(d) express mention of the impossibility of completing the form in its entirety, where

applicable;

2. The identification of the defendant covers his or her name, and the names of his or her

parents, nickname, birth of place, sub-district, district, nationality, date of birth, marital

status, occupation, residence, identification number and, where possible, being the

defendant present at the trial, his or her fingerprints.

3. The decision shall be annotated with an indication of the date on which it was made

and the designation of the crime or contravention committed, and with an indication of

the provisions breached, of the penalty imposed, or of the duration of the internment

determined.

4. Non-compliance or faulty compliance with the requirements set out in sub-article 97.1

results in the return of the form to the remitting court for due completion.

Article 98

Transmission of forms

1. Criminal record forms are transmitted to the competent services within five days of the

date on which a final decision was rendered, of the date on which the fact subject to

registration became known, or of the date on which the records were remitted back to the

first-instance court.

Article 99

Cancelling a registration

1. The cancellation of a registration is compulsory where:

(a) conviction to a penalty is declared null and void;

(b) the time limit for rehabilitation has lapsed;

(c) a decision is declared null and void by virtue of a legal provision.

2. Any facts or decisions that are a consequence of any decision that must be omitted

under the terms of sub-article 99.1 shall also be deleted from the record.

Article 100

Decisions not to be entered in a certificate

A court that passes a sentence of up to one year’s imprisonment or a non-custodial

sentence may determine, in either the sentence or in a subsequent order, where no danger

of occurrence of further criminal offences can be inferred from the circumstances that

have surrounded the criminal offence and where the person concerned is a first offender,

that the respective sentence be not entered into a certificate that is not meant to prepare a criminal case.

Article 101

Complementary legislation

In addition to the provisions of this chapter, criminal records are regulated by Decree-

Law No. 16/2003, of 1 October.