Enforcement of national penalties - fines

Bosnia and Herzegovina

Bosnia and Herzegovina - Criminal Procedure Code 2003 (2013) EN

CRIMINAL PROCEDURE CODE OF BOSNIA AND HERZEGOVINA

PART ONE - BASIC PROVISIONS

CHAPTER XV - EXECUTION OF DECISIONS

Article 179 - Failure to Collect Fines

If a fine prescribed by this Code cannot be collected, the Court shall proceed by applying the Criminal Code of Bosnia and Herzegovina.

Bosnia and Herzegovina- Criminal Code 2003 (2010) EN

GENERAL PART

VII C H A P T E R S E V E N
PUNISHMENT

Fines
Article 46

(1) Fines are imposed in daily amounts and if that is not possible, then in a fixed amount.
(2) If a fine is imposed in daily amounts, it may be a minimum of five and maximum of three hundred sixty daily amounts, whereas for offences motivated by greed, a maximum imposable fine is one thousand five hundred daily amounts, except in the cases foreseen by this Code.
(3) If a fine is imposed in a fixed amount, a minimum amount may not be less than 500 KM and a maximum one may not exceed 100.000 KM whereas for offences motivated by greed, a maximum fixed amount imposable may not exceed 1.000.000 KM, except in the cases foreseen by this Code.
(4) In imposing a fine for offences motivated by greed, the court may determine a fine exceeding the maximum prescribed amount in paragraphs 2 and 3 of this Article if the value of the illegal gain resulted from the perpetration of the offence exceeds the amount of 1.000.000 KM. In such case the offender may be imposed a fine in an amount that may not exceed the double amount of the value of the illegal gain resulted from the perpetration of the offence for which he or she is being punished by a fine.
(5) A number of daily amounts is determined by the court according to the general rules on meting out penalties. A daily amount is determined by the court according to the amount of the offender’s daily income calculated on the basis of his net salary during three months and his other income and family responsibilities. In determining the amount, the court relies on the data not older than six months at the moment when the fine is imposed.
(6) If data referred to in the preceding paragraph are unavailable to the court, they will be provided by the accused within the deadline as set by the court but not later than by the closing of the main trial. If the circumstances relevant for the determination of a daily amount of fine are not made available to the court by the end of the main trial or those relevant circumstances are unreliable, a fine is imposed in a fixed amount whereby the general rules for meting out penalties are respected.
(7) A minimum daily amount of fine is 1/60 and a maximum amount is 1/3 of the most recent officially published employee’s average net salary in Bosnia and Herzegovina, as published by the Agency of Statistics of Bosnia and Herzegovina.
(8) The court determines in the judgement a deadline for payment of the fine. Such deadline may not be shorter than fifteen days or longer than six months, but the court may allow in justified cases that the convicted pays the fine in instalments, whereby the deadline for payment may not exceed one year.
(9) Fines imposed and collected under this Code shall belong to the Budget of Bosnia and Herzegovina.

GENERAL PART

XIV C H A P T E R F O U R T E E N
LIABILITY OF LEGAL PERSONS FOR CRIMINAL OFFENCES

Fines for Legal Persons
Article 132

(1) Fines imposable on a legal person shall be no less than 5.000 KM and shall not exceed 5.000.000 KM.
(2) In the event that, by perpetrating the criminal offence, the legal person has caused material damage to another party or the legal person has come into possession of an unlawful material gain, the scope of the imposed fine may be twice as much as the amount of this damage or benefit.
(3) A failure to pay a fine within the deadline set under the final verdict shall result in an immediate forced collection procedure.

GENERAL PART

XIV C H A P T E R F O U R T E E N
LIABILITY OF LEGAL PERSONS FOR CRIMINAL OFFENCES

Punishments for Criminal Offences
Article 144

(1) For criminal offences for which a fine or imprisonment for a term not exceeding three years is prescribed, a legal person shall be punished by a fine of not exceeding 850.000 KM or not exceeding ten times the amount of the damage caused or material gain acquired through the perpetration of a criminal offence.
(2) For criminal offences for which imprisonment for a term not less than three years is prescribed, a legal person shall be punished by a fine of not exceeding 2.500.000 KM or not exceeding twenty times the amount of the damage caused or material gain acquired through the perpetration of a criminal offence.
(3) For criminal offences for which imprisonment for a term of five years or more is prescribed, to a legal person a property seizure punishment may be imposed instead of a fine.
(4) For criminal offences referred to in paragraph 1 of this Article, to a legal person a punishment of dissolution of the legal person may be imposed instead of the fine, under the requirements referred to in Article 134 (Dissolution of a Legal Person) of this Code.

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.