SECTION III. Sentence
CHAPTER 9. Concept, Purposes and Types of Sentences
Article 49. Fines
(1) A fine is a pecuniary punishment imposed within the limits provided for by the present Code.
(2) The amount of a fine is determined from 100 to 2000 times the minimum monthly wage.
(3) The amount of a fine is specified by the Court and depends on the type and significance of the crime and the Court shall take into account the financial condition of the offender.
(4) A fine subject to collection in order to compensate moral and physical damage is determined within the limits stipulated by the present article for the following crimes :
a) petty misdemeanor - not less than two hundreds times the current minimum monthly wage ;
b) misdemeanor - not less than four hundreds times the current minimum monthly wage ;
c) felony - not less than six hundreds times the current minimum monthly wage ;
d) especially grievous crime - not less than eight hundreds times the current minimum monthly wage.
(5) In the event an offender avoids to pay a fine or he is unable to do it, the Court may change the sentence to correctional labor or confinement.
Section I. Principal provisions of the criminal executive legislation of the Republic of Tajikistan
Chapter 3. Institutions and bodies in charge of execution of a sentence and control over their activities
Article 23. Institutions and bodies in charge of execution of a sentence
1. Penalties of fine and confiscation of property shall be executed by the court, which passed the sentence, as well as by a court at the location place of property, employment and residence places of the convicted person.
Section II. Execution of the punishments not connected with isolation of convicted persons from society
Chapter 4. Execution of the penalty of fine Article 30. Order of execution of the penalty of fine
1. Penalty of fine shall be executed by the marshals of the court from district and city courts at the place of residence or employment of convicted persons or at the place of serving of a principal punishment.
2. A convicted person shall pay fine within thirty days after his sentence comes into legal force.
3. Upon application of the convicted person and conclusion of the marshal, the court may defer or permit payment of fine by installments for a period of up to six months if the convicted person cannot do it in a single payment.
4. If a convicted person fails to pay the fine within fixed period, punishment shall be executed in coercive way including the way of recovery from the property of convicted person mentioned in the first part of the article 199 of present Code in the order established by the civil procedure legislation of the Republic of Tajikistan.
5. Fine may not be recovered from the property mentioned in the list of the property that is not subject to confiscation according to the court sentence.
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.