CRIMINAL JUSTICE SYSTEM : OVERVIEW PAPER (COUNTRY :TIMOR-LESTE)

GENERAL INFORMATION Are there the following investigative authorities？ Police Magistrate Prosecutor Anti-corruption Commission Ombudsman Are there any investigating/instructing/examining judges who direct investigation? Or do you have the similar system?       No Are there any officials who supervise police investigations? Prosecutor The number of investigators Police Gendarmerie/military police Magistrate Anti-Corruption Commission (15) Narcotics agency (PCIC) Ombudsman (PDHJ) Is a warrant necessary to arrest a suspect?                                                   Yes If so, who issues the arrest warrant?                           prosecutor  collaborated with National Police Agency (PNTL)     How long a suspect may be detained after arrest?          72 hours Is it possible to appeal arrest?   Yes If so, to whom?  Police Is it possible to detain a suspect after the period of arrest expires? Yes    If so, how long is detention? Depend to the instruction from prosecutor If so, who decides? Prosecutor and National police Agency   Is it possible to extend the detention period? Yes If so, for how long?               If so, how many times can detention are extended at maximum? Is it possible to appeal the detention?     No If so, to whom?                                     Which officials can interrogate suspects? Police Investigator, Prosecutor and Anti-Corruption Commission (related to the cases) Do suspects have the right to remain silent during interrogation? Yes Does suspect have the right to appoint defense counsel in the investigation stage? Yes If so, does the government ever pay for defense? Yes     If so, under what circumstance does the government pay for the defense? If the suspect is not able to pay his or her defense and systematically in felony case How do investigators record the oral statements of suspects during interrogation? Document If video recording is conducted, is it required by law?   No. Has your country introduced plea-bargaining?　         Yes Is a warrant necessary to conduct searches and seizures?  No If so, who issues the warrant? Prosecutor but definitely to search and seizure we don’t need the warrant Is it possible to appeal a search or seizure?    Yes If so, to whom? Is wiretapping able to be conducted? No, but in our draft law, mentioned about wiretapping If so, who issues the warrant? Court If so, is it able to be conducted in all criminal cases? No, (limited) If there is limitation, for what crimes can wiretapping be used? National Security and Corruption cases Is it possible to appeal against wiretapping? Yes, If so, to whom? Judicial authorities) Please explain which courts address criminal cases (jurisdiction, number of courts, etc.) Please explain about the prosecutors' office in your country (jurisdiction, number of offices, etc.) How many judges/magistrates serve in your country? Magistrates Judges in charge of trial Judge in charge of execution of sentence How many public prosecutors serve in your country?        Are the qualifications required to be judges and prosecutors the same? No PROSECUTION Which authorities have the power to prosecute/indict suspects? Prosecutors Is there any system of "Suspending Prosecution" (which means that it is in the discretion of the authorities which have the power of prosecution/indictment to not prosecute/indict, even though they have enough evidence to prove guilt) to give the suspect/offender the chance of rehabilitation in society? No BAIL Is there any system that grants bail to suspects in the investigation stage?        Is there any system that grants bail to defendants before judgment? TRIAL Is judicial independence of judges stipulated in the constitution or by law? Has your country adopted the jury system or a similar one that allows citizens to participate in criminal trials as lay judges?                                                     Are all documents related to criminal investigations referred to the judge in charge of the case before trial? Does the defendant have the right to remain silent at trial? Does the defendant have the right to not suffer any disadvantage because of remaining silent at court?                                                                             Does your system have arraignment?                                                         Does the defendant have the right to appoint defense counsel at the trial stage?　 If so, does the government ever pay for defense?                                          If so, under what circumstance does the government pay for the defense? ANTI-CORRUPTION Are there any governmental authorities which address anti-corruption? Yes If so, what is the name of the organization? Anti-Corruption Commission What kind of powers do these authorities have? Investigating corruption cases and prevention How many corruption cases did they investigate in 2013? About 27 (maybe)