Timor-Leste

Section 39. Family, marriage and maternity 

3. Marriage is based upon free consent by the parties and on terms of full equality of rights between spouses, in accordance with the law.

Timor-Leste Constitution-English-PDF.

Article 155. Mistreatment of a minor  

1. Any person who provides guardianship or custody, or is responsible for the upbringing of a minor aged less than 17 years, or does so under employment, and: 
2. a) Causes harm to the minor’s body or health, or inflicts physical or mental mistreatment or cruel treatment; 
3. b) Subjects the minor to economic exploitation, hazardous work or work capable of compromising his or her education or physical, mental, spiritual, moral or social development; 
4. c) Subjects the minor to any form of slavery or analogous practice; 
5. d) Uses, recruits or offers the minor for purposes of prostitution, production of pornographic material or pornographic shows; or 
6. e) Uses, recruits or offers the minor for practicing unlawful acts or activities, namely production and trafficking in narcotics as defined by international conventions, 

is punishable with 2 to 6 years imprisonment if no heavier penalty is applicable by force of another legal provision.  

2. Any person who, under similar circumstances, uses a minor for begging is punishable with up to 3 years imprisonment, if no heavier penalty is applicable by force of another legal provision. 
3. If the victim is a descendant, collateral kin, relative or similar to the second degree, has adopted or been adopted by the perpetrator or a person cohabiting with the perpetrator under similar conditions, the limits to the penalties referred to in the preceding subarticles shall be increased by one third. 

 Article 161 Abduction 

1. Any person who, by means of violence, threat, or deceit, transfers another person from one place to another with the intention to:
2. a) Subject the victim to extortion;
3. b) Commit crime of sexual exploitation, assault or abuse;
4. c) Obtain ransom or reward; or
5. d) Compel public authorities or any third party to commit or refrain from committing an act, or to coercively accept an activity,

is punishable with 4 to 12 years imprisonment. 

2. If any of the circumstances provided in subarticle 2 of article 160 occur, the applicable penalty is 5 to 15 years imprisonment.

 Article 162: Enslavement  

1. Any person who, by any means, places a fellow human being in a situation of enslavement or makes use of a person in such a condition is punishable with 8 to 20 years imprisonment. 
2. The consent of the victim is irrelevant if any of the means referred to in the following article were used. 
3. For purposes of application of provisions in this article, a person is considered to be in a condition of enslavement whenever, even if only de facto, said person is under submission to powers corresponding to those of property rights, or to any concrete right, or is bound to the disposal of anything. 

 Article 163: Human trafficking  

Note: Article 163 has been amended by the 2017 Law on Prevention and Fight Against Trafficking in Persons at Article 34, reproduced below: 

“Article 163 […] 

1. Whoever recruits, offers, delivers, accepts, transports, transfers, hosts, or hosts a person for the purpose of exploitation, through:
2. a) Threat or use of force or other forms of coercion; or
3. b) Abduction; or
4. c) Fraud or deception; or
5. d) Abuse of authority or any situation of vulnerability; or
6. e) Delivery or acceptance of payments or benefits to get the consent of a person who has authority over another;

is punished with the penalty of 8 to 20 years in prison. 

2. For the purposes of the preceding paragraph, the holding includes, at a minimum, exploitation of prostitution or other forms of sexual exploitation, forced marriage,

exploitation of that person’s work or services, the forced labor or debt bondage, begging, slavery, the removal of organs, or the exploitation of other criminal activities or use in conflicts, armed forces, or civil insurrections. 

3. The penalty provided for in paragraph 1 shall apply to anyone who recruits, transports, transfers, lodges, or hosts under the age of 18 for exploitation purposes, even if it does not involve any means referred to in paragraph 1.
4. Whoever, having knowledge of the commission of the crimes envisaged in nos. 1 and 3, uses the victim’s services or organs is punished with imprisonment of 3 to 8 years, if more serious failure to do so under another legal provision.
5. For the purposes of paragraph 1, the consent given to by the victim is irrelevant if any means referred to in paragraph 1.”

 Article 164 Aggravation (Note: 2017 amendment below)  

If the acts described in articles 162 and 163 are committed: 

1. a) As a means to facilitate sexual exploitation or use of the victim by the perpetrator or a third party; 
2. b) The victim is a minor under the age of 17; 
3. c) The victim is in a foreign country or travelling to a foreign country; 
4. d) The victim is used, against his/her will, in the commission of crimes; or 
5. e) The perpetrator is engaged in an activity that grants the same public or religious authority before a group, region or entire country; 

Said perpetrator shall be punishable with 12 to 25 years imprisonment. 

 2017 amendment: “Article 164 […] 

[…] 

1. a) […]
2. b) Being the victim under 18 years of age;
3. c) […]
4. d) […]
5. e) […]
6. f) Has endangered the life of the victim;

(g) was committed by an official or public servant in the performance of his duties; 

(h) was committed within the framework of a criminal association; 

Is the agent punished with imprisonment from 12 to 25 years?” 

 Article 166: Sale of persons  

1. Any person who, apart from the cases provided in Article 163, by any act or other means of transaction, transfers a person, or group of persons, to another person or group of persons against payment of any sum or any other exchange, reward, or advantage, is punishable with 2 to 8 years imprisonment. 
2. If the acts referred to in the previous sub-article are committed: 
3. a) Against a minor aged less than 17 years; 
4. b) Through abuse of authority arising from a family relationship, ward or guardianship, or hierarchical, economic or labor-related dependence; 
5. c) Through taking advantage of any office or authority held, in any capacity, in a prison, educational or correctional establishment, hospital, mental institution, rest home, clinic or other health establishment or establishment intended to provide assistance or treatment; or 
6. d) Upon an unconscious or incapable person who is particularly vulnerable by virtue of disease, physical or mental deficiency; 

Said perpetrator is punishable with 4 to 12 years imprisonment. 

3. The consent of the victim or third party who exerts any form of power over the victim is criminally irrelevant.

Timor-Leste Penal Code-English-PDF. 

Article 2: Trafficking in persons  

For the purposes of this law, trafficking in persons means the recruitment, transportation, transfer, delivery, acceptance, accommodation or reception of persons through threat or use of force or other forms of coercion, kidnapping, fraud, deception, abuse of authority or a position of vulnerability, or the surrender or acceptance payments or benefits to obtain consent from one person who has authority over another for the purposes of exploitation, including at least the exploitation of prostitution or other forms of sexual exploitation, forced marriage, 

exploitation of that person’s work or services, the forced labor or debt bondage, begging, slavery, the removal of organs or the exploitation of other criminal activities or use in armed conflicts or civil uprisings 

 Article 6: Responsibility of legal persons 

1. Legal persons, even if irregularly constituted and de facto associations, are responsible for the crime of trafficking in persons when committed to their benefit by anyone holding a position of either acting individually or as a respective organ member.
2. For the purposes of this law, it holds a position of authority who has the power to represent, supervise, or make decisions on behalf of the legal person.
3. Legal persons are still responsible for the crime of trafficking in persons whenever the lack of supervision or supervision by a person referred to in paragraph 1 has committed the crime per person under his or her authority for the benefit of that legal person.
4. The liability of legal persons is excluded when the agent acted against orders or instructions expressed by those in law. 

 Article 7: Penalties applicable to legal persons 

1. For the commission of the crimes provided for in this law applicable to the entities referred to in the preceding article, the following main penalties:
2. a) fine;
3. b) Judicial dissolution.
4. The penalty of fine is fixed in days, with a minimum of 100 US dollars and a maximum of 1000 US dollars. 
5. Each fine day corresponds to an amount between 1 000 and 10,000 US dollars. 
6. If the fine is imposed on an unincorporated association, it is responsible for its heritage and, in the absence or jointly and severally inadequate, the assets of each of the associated. 
7. The penalty of judicial dissolution shall be applied only when founders of the entities referred to in paragraph 1 have had intention, exclusive or predominant, through them to commit the crimes provided for therein or when the repeated practice of such a crime shows that the entity is being used, exclusively or predominantly, for that purpose, whether by its members or by those who exercise their respective administration.

 Article 34: Amendment to the Penal Code 

Articles 163 and 164 of the Penal Code, approved by Decree No. 19/2009 of 8 April and amended by Laws No. 6/2009 of July 15, 2011, December 28, and 5/2013, December 14, August, are replaced by the following: 

“Article 163 […] 

1. Whoever recruits, offers, delivers, accepts, transports, transfers, hosts, or hosts a person for the purpose of exploitation, through:
2. a) Threat or use of force or other forms of coercion; or
3. b) Abduction; or
4. c) Fraud or deception; or
5. d) Abuse of authority or any situation of vulnerability; or
6. e) Delivery or acceptance of payments or benefits to get the consent of a person who has authority over another;

is punished with the penalty of 8 to 20 years in prison. 

2. For the purposes of the preceding paragraph, the holding includes, at a minimum, exploitation of prostitution or other forms of sexual exploitation, forced marriage,

exploitation of that person’s work or services, the forced labor or debt bondage, begging, slavery, the removal of organs, or the exploitation of other criminal activities or use in conflicts, armed forces, or civil insurrections. 

3. The penalty provided for in paragraph 1 shall apply to anyone who recruits, transports, transfers, lodges, or hosts under the age of 18 for exploitation purposes, even if it does not involve any means referred to in paragraph 1.
4. Whoever, having knowledge of the commission of the crimes envisaged in nos. 1 and 3, uses the victim’s services or organs is punished with imprisonment of 3 to 8 years, if more serious failure to do so under another legal provision.
5. For the purposes of paragraph 1, the consent given to by the victim is irrelevant if any means are referred to in paragraph 1.

 Article 164 […] 

1. a) […]
2. b) Being the victim under 18 years of age;
3. c) […]
4. d) […]
5. e) […]
6. f) Has endangered the life of the victim;

(g) was committed by an official or public servant in the performance of his duties; 

(h) was committed within the framework of a criminal association; is the agent punished with imprisonment from 12 to 25 years?

Law No. 3 2017 on Prevention and Fight against Trafficking in Persons and Fourth Amendment to the Penal Code-Portugese-PDF. 

ARTICLE 1467 

(Concept of marriage) 

Marriage is the contract entered into by two persons of different genders who intend to constitute family by means of full cohabitation, pursuant to the provisions of this Code. 

 ARTICLE 1486

(Preliminary process) 

1. The betrothed couple’s matrimonial capacity is attested by means of a prior publication of banns, organized in a civil registrar’s office at the request of the betrothed couple or the respective parish priest. 

2. The consent of the parents or guardian, in relation to an underage betrothed, may be given in the presence of two witnesses before the parish priest or community authority, depending on whether the marriage is catholic or bride-price-based monogamic marriage, who shall prepare an occurrence report and sign it together with all the other stakeholders. 

3. The consent referred to in the previous paragraph may also be directly given in a civil registrar’s office. 

 ARTICLE 1490 

(Absolute diriment impediments) 

Diriment impediments, which prevent the person on whom they fall from contracting marriage, 

are as follows: 

1. a) Age below sixteen years;
2. b) Noticeable dementia, even during lucid intervals, and interdiction or incapacity due to a mental disorder; 

1. c) Undissolved previous marriage, either catholic or civil, even if the relevant record has not been lodged with the civil registrar’s office. 

 ARTICLE 1493 

(Impeding impediments) 

In addition to others referred to in special laws, impending impediments include: 

1. a) Lack of parents’ or guardian’s authorization for an underage betrothed to marry, when not

provided by the civil registrar; 

1. b) Internuptial period;
2. c) Third degree of consanguinity in the collateral line;
3. d) Bond of guardianship, trusteeship, or legal management of assets;
4. e) Accusation of betrothed in connection with murder, even if not consummated, against the

spouse of the other, as long as the case is not dismissed on the basis of a final decision. 

 ARTICLE 1505 

(Timeliness of mutual consent) 

The will of the betrothed is relevant only when expressed in the very act of marriage. 

 ARTICLE 1507 

(Personal nature of mutual consent) 

The will to contract marriage is strictly personal with respect to each of the married. 

 ARTICLE 1517 

(Inexistent marriages) 

1. It is legally inexistent.
2. a) A marriage celebrated before someone who did not have functional competence for the act,

except in the case of urgent marriage; 

1. b) An urgent marriage that has not been endorsed;
2. c) A marriage in whose celebration a declaration of will of one or both betrothed parties, or of the attorney of one of them, was missing; 

1. d) A marriage contracted through an attorney when celebrated after the effects of the power of attorney have ceased or when the latter has not been granted by the person referred to therein as the grantor, or when it is void due to failure to either grant special powers for the act or expressly designate the other contracting party; 

1. e) A marriage contracted by two persons of the same gender.
2. However, a marriage celebrated before a person who, without having functional competence for the act, publicly exercised the corresponding functions is not considered legally inexistent, except if both betrothed parties were, at the time when the marriage was celebrated, aware of the lack of such competence. 

 ARTICLE 1518 

(Non-existence regime) 

1. A legally nonexistent marriage bears no legal effect and is not even considered as putative.
2. No-existence can be invoked by any person at all times, irrespective of a judicial declaration.

 ARTICLE 1519 

(Causes for annullability) 

A marriage is annullable if: 

1. a) Contracted with some diriment impediment;
2. b) Celebrated by one or both betrothed parties with lack of will or with the will vitiated by error

or duress; 

1. c) Celebrated without the presence of witnesses when required by law.

 ARTICLE 1521 

(Marriage validation) 

1. The nullity is considered to have been remedied, and the marriage validated, from the moment the marriage was celebrated, if, before the judgment of annulment has become final, one of the following facts occurs: 

1. a) the marriage of a minor below the marriageable age is confirmed by the latter before a clerk of the civil registry and two witnesses after he or she reaches the age of majority; 

1. b) the marriage of an interdicted or incapacitated person suffering from mental disorder is

confirmed by him, in terms of the preceding subparagraph, after such interdiction or 

incapacitation has been lifted from him or, in the case of noticeable dementia, after the person 

suffering from dementia has had his or her mental condition verified by the court; 

1. c) the first marriage of the bigamist is declared null and void;
2. d) the lack of witnesses is due to justifiable circumstances, such as those recognized by the

Justice Minister, as long as there is no doubt as to the celebration of the act. 

2. The provision of article 278, paragraph 2, is not applicable to marriage.

 ARTICLE 1522 

(Presumption of will) 

A declaration of will, in the act of marriage, constitutes a presumption not only that the betrothed parties wanted to contract matrimony but also that their will is not vitiated by error or duress. 

 ARTICLE 1523 

(Annullability due to lack of will) 

Marriage is annullable due to lack of will. 

1. a) When the betrothed, at moment of the celebration of marriage, was not aware of the act he was performing due to accidental incapacity or other cause; 

1. b) When the betrothed was mistaken about the physical identity of the other contracting party;
2. c) When the declaration of will has been extorted by physical coercion;
3. d) When it has been simulated.

 ARTICLE 1525 

(Moral coercion) 

1. A marriage celebrated under moral coercion is annullable, provided that the harm the betrothed is illegally threatened with is serious and the fear that it might be consummated is warranted. 

2. The fact that someone, knowingly and illegally, extorts from the betrothed the declaration of will by promising to set him free from an accidental harm or a harm caused by someone else shall be rendered equivalent to an illegal threat. 

 ARTICLE 1527 

(Annulment based on lack of will) 

1. Annulment due to simulation may be requested by the spouses themselves or by any person adversely affected by the marriage. 

2. In the remaining cases of lack of will, an annulment suit may only be filed by the spouse whose will was lacking, but their blood relatives or relatives by affinity in the straight line, heirs or adopters may proceed with the suit if the author dies while the case is pending. 

 ARTICLE 1528 

(Annulment based on will-related faults) 

An annulment suit based on will-related faults may only be brought by the spouse who was a victim of error or coercion; however, his or her blood relatives or relatives by affinity in the straight line, heirs or adopters may proceed with the suit if the author dies while the case is pending. 

 ARTICLE 1530 

(Annulment based on diriment impediment) 

1. An annulment suit based on diriment impediment shall be filed:
2. a) In cases of minority, interdiction or incapacitation due to mental disorder or noticeable dementia, when brought by the incapacitated person himself or herself, up to six months after the age of majority is reached, the interdiction or incapacitation is lifted or dementia has ceased; when brought by someone else, within three years following the celebration of marriage, but never after the age of majority is reached, the incapacitation is lifted or dementia has ceased. 

1. b) In case of conviction for murder against the spouse of one of the betrothed parties, within

three years of the date on which the marriage was celebrated; 

1. c) In other cases, up to six months after the dissolution of marriage.
2. The Public Prosecution Service may file the suit only until the dissolution of marriage.
3. Without prejudice to the time limit set in paragraph 1, subparagraph c), an annulment suit

Based on the existence of an undissolved previous marriage, it may not be brought or proceed while the declaration of nullity or annulment of the bigamist’s first marriage is pending. 

 ARTICLE 1531 

(Annulment based on lack of will) 

An annulment suit based on lack of will on the part of one or both betrothed parties may only be filed within three years after the celebration of marriage or, if the marriage was ignored by the requesting party, within six months following the date on which he became aware of it. 

 ARTICLE 1532 

(Annulment based on will-related faults) 

An annulment suit based on will-related faults lapses if it is not filed within six months after the faults cease. 

 ARTICLE 1536 

(Marriage of minors) 

1. A minor who marries without obtaining his or her parents’ or guardian’s authorization, or the respective judicial supply, continues to be considered a minor with regard to the management of the assets that s/he brings into the marriage or that s/he might subsequently acquire gratuitously until s/he reaches the age of majority, but the alimony awards arising from his or her status shall be adjudicated to him or her from the proceeds of such assets. 

2. Assets subtracted from the minor’s management are managed by his or her parents, guardian, or trustee and shall under no circumstances be placed under the other spouse’s management during the minority of his or her partner; furthermore, they shall not be liable, either before or after the dissolution of marriage, for debts contracted by either or both spouses in the course of the same period.