Enforcement of fines

Republic of Montenegro

Montenegro - Criminal Code 2003 (2018) (EN)

Article 39
(1) A fine may not be set at below two hundred euro. A fine may not exceed twenty thousand euro, while for criminal offences committed out of greed it may not exceed one hundred thousand euro.
(2) When imposed as the principal penalty, a fine shall be imposed as follows:
1) up to two thousand euro for criminal offences punishable by a prison sentence of up to three months;
2) from four hundred to four thousand euro for criminal offences punishable by a prison sentence of up to six months;
3) from six hundred to eight thousand euro for criminal offences punishable by a prison sentence of up to one year;
4) from eight hundred to sixteen thousand euro for criminal offences punishable by a prison sentence of up to two years;
5) minimum one thousand two hundred euro for criminal offences punishable by a prison sentence of up to four years;
6) minimum one thousand two hundred euro for criminal offences which carry a fine as the only penalty.
(3) For criminal offences committed out of greed, a fine as an accessory penalty may be imposed even when it is not prescribed by law, or when law prescribes that a perpetrator shall be punished by either a prison sentence or a fine, and the court imposes a prison sentence as the principal penalty.
(4) Where the court imposes a fine as the principal penalty and additionally imposes a fine as an accessory penalty, a single fine shall be imposed under the rules laid down in Article 48 of this Code.
(5) The judgment shall specify the fine payment time-limit, which may not be shorter than fifteen days or longer than three months. Where so justified, the court may allow the sentenced person to pay the fine in instalments, provided that the payment time-limit is not longer than one year.
(6) Where a sentenced person does not pay a fine within the stipulated time-limit, the court shall replace the fine by a prison sentence by substituting each twenty-five euro amount of fine by one day in prison, provided that the prison sentence may not be longer than six months, and where a fine exceeding nine thousand euro is imposed, the prison sentence may not be longer than one year.
(7) Upon prior consent of the sentenced person, an outstanding fine not exceeding two thousand euro may be substituted by a community service instead of by a prison sentence, by substituting each twenty-five euro amount of his fine by eight hours of community service, provided that the community service may not be longer than three hundred and sixty hours.
(8) Where the sentenced person pays only part of the fine, the court shall substitute the remainder by a prison sentence in a proportionate manner, and where the sentenced person pays the remainder of the fine, his service of the prison sentence shall be discontinued.
(9) Fines shall not be enforced after the death of the sentenced person.

Rome Statute

Article 109 Enforcement of fines and forfeiture measures

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.