PART ONE
GENERAL PART

CHAPTER TWO
SANCTIONS

Title Three
Imposition and Execution of Individual Sentences

Pecuniary Penalty

Section 56

(1) The court may impose a pecuniary penalty of not less than 5,000 SKK and not more than 10,000,000 SKK on the offender of an intentional criminal offence whereby he gained or tried to gain property benefit.

(2) In the absence of the conditions referred to in paragraph 1, the court may impose a pecuniary penalty for a minor offence if, in view of the character of the offence and the potential for rehabilitating the offender, it decides not to impose a custodial penalty.

(3) The court may, taking account of the amount of the pecuniary penalty and the personal and property situation of the offender, allow the payment of the pecuniary penalty in monthly instalments. At the same time, the court shall determine the amount of instalments, and the time limit for the payment of the pecuniary penalty, which may not be longer than one year from the date on which the convicting judgment became final.

(4) The pecuniary penalty that the sentenced person has already paid shall be credited towards the new pecuniary penalty imposed in respect of the same offence, or the penalty imposed as a cumulative or concurrent sentence.

(5) The court shall not impose a pecuniary penalty if this would obstruct the payment of the compensation for damage caused by the criminal offence.

Section 57

(1) In determining the amount of the pecuniary penalty, the court shall also consider the personal and property situation of the offender. It shall not impose a pecuniary penalty if it is obvious that it cannot be collected.

(2) The paid pecuniary penalty shall constitute the revenue of the State.

(3) In addition to imposing a pecuniary penalty, the court shall deliver an alternative custodial penalty of up to five years to be executed, should the execution of the pecuniary penalty be deliberately prevented. The combination of such alternative penalty and the imposed custodial penalty may not exceed the statutory sentencing range.

(4) If the alternative penalty would exceed the range referred to in paragraph 3, or if a pecuniary penalty is imposed in combination with life imprisonment, the court shall impose no alternative penalty.