Article 43 Punishment of fine
1. The punishment of a fine may not be less than one hundred (100) European Euros (hereinafter “EUR”). The punishment of a fine may not exceed twenty five thousand (25,000) EUR, while in the case of criminal offenses related to terrorism, trafficking in persons, organized crime or criminal offenses committed to obtain a material benefit, it may not exceed five hundred thousand (500,000) Euro.
2. The judgment shall determine the deadline for the payment of a fine. The deadline may not be less than fifteen (15) days or more than three (3) months, but in justifiable circumstances, the court may allow the fine to be paid in installments over a period not exceeding two (2) years. The judgment shall also determine when the installments are to be paid and state that the privilege of paying by installments will be revoked if the convicted person fails to pay an installment on time.
3.If the convicted person remains unwilling or unable to pay the fine, the court may replace the punishment of fine with the punishment of imprisonment. When a punishment of fine is substituted for the punishment of imprisonment, twenty (20) EUR of the fine is calculated to equal one (1) day in prison. However, the punishment of imprisonment shall not exceed three (3) years.
4. If the convicted person is unwilling or unable to pay the full fine, the Court shall replace the balance of the unpaid fine with punishment of imprisonment as provided for in paragraph 3. of this Article. If the convicted person pays the balance of the fine, the execution of his sentence shall be stayed.
5.If the convicted person remains unwilling or unable to pay the fine, instead of imposing a punishment of imprisonment, the court may, with the consent of the convicted person, substitute an order for community service work for the fine. An order for community service work shall calculate eight (8) working hours of community service work for each twenty (20) EUR of the fine. The community service work shall not exceed two hundred forty (240) working hours.
6. A fine shall not be collected after the death of the convicted person.
1. States Parties shall give effect to fines or forfeitures ordered by the Court under Part 7, without prejudice to the rights of bona fide third parties, and in accordance with the procedure of their national law.
2. If a State Party is unable to give effect to an order for forfeiture, it shall take measures to recover the value of the proceeds, property or assets ordered by the Court to be forfeited, without prejudice to the rights of bona fide third parties.
3. Property, or the proceeds of the sale of real property or, where appropriate, the sale of other property, which is obtained by a State Party as a result of its enforcement of a judgement of the Court shall be transferred to the Court.