Enforcement of national penalties - fines


The Penal Code


Chapter IV. Penalties

Article 33. § 1. A fine shall be imposed in terms of daily rates defining the number of daily rates
to be levied and the amount of each rate; unless otherwise provided by law, the lowest number of daily
rates shall be 10, and the highest shall be 360.

§ 2. The court may also impose a fine also in addition to the penalty of deprivation of liberty as
specified in Article 32 subsection 3, if the perpetrator has committed the act in order to gain material
benefit or when he has gained such benefit.

§ 3. In setting the daily rate, the court shall consider the income of the perpetrator, his personal
situation, family situation, property relationships and his earning capacity ; the daily rate may not be lower than 10 Polish zlotys or higher than 2000 Polish zlotys.


Chapter VI. Principles of the imposition of penalty and penal means

Article 58.

§ 2. No fine shall be imposed when the income of the perpetrator, his situation or potential to
earn provide reasonable grounds for the supposition that the perpetrator would not honour the fine and that enforcing the same by execution would not be possible.

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.