Enforcement of national penalties - fines

Albania

Albania - Criminal Code 1995 (2013) EN

1 General Part

CHAPTER V- PUNISHMENTS/SENTENCES

Article 34- Punishment by fines

Fines consist of paying to the state an amount of money within the range provided for by law.

Fines are imposed upon persons who commit an offence or a criminal contravention.

For persons who have committed a crime, the fine ranges from 100 thousand to 10 million lekë.

For persons who commit a criminal contravention, the fine ranges from 50 thousand to 5 million lekë.

For persons who commit crimes with motives of profit of property or gain of any other material profit, if the criminal provision provides only punishment by imprisonment, the court can decide on punishment from 100 thousand to 5 million lekë.

The fine must be paid within the deadline fixed by the court.

The court, while considering the economic status of the defendant, may allow him to pay his fine by installments, fixing their amount and the terms of the payment.

When the fine is not paid in due time, the court decides on replacing the fine with imprisonment, calculating 5 thousand leks per one day of imprisonment.

When the fine is imposed for an offence committed, its replacement with imprisonment cannot exceed three years, whereas when it is imposed for a criminal contravention, the replacement cannot exceed one year of imprisonment, but always without exceeding the maximum of imprisonment provided for by the relevant disposition.

When the person convicted as above pays off his fine during the imprisonment term, the court revokes its sentence, making calculations according paragraph 7 of this Article.

Albania - Criminal Procedure Code 2011 EN

PART II

TITLE VII- THE TRIAL

CHAPTER II- THE COURT EXAMINATION

SECTION III- CONVICTION

Article 392- Obligation to pay the fine

1. When the convicted person does not have an income or assets that may be seized, the court charges the one that is civilly liable for the obligations of the defendant to pay an amount equal to the fine.

PART II

TITLE I X- EXECUTION OF SENTENCES

CHAPTER I- PUTTING IN MOTION EXECUTION OF SENTENCES

Article 467- Execution of a fine sentence

1. The decisions comprising the fine penalty are executed by the bailiff’s office.

2. When it is proven that the execution of the fine or of a part of it is impossible the prosecutor demands from the court that has rendered the decision to make the conversion. Upon request of the punished the court may postpone the conversion up to six months. This period is not assessed in the time periods of the prescription.

3. The decision of conversion is subject to appeal, which suspends its execution.

PART II

TITLE X- JURISDICTIONAL RELATIONS WITH FOREIGN AUTHORITIES

CHAPTER III- EXECUTION OF CRIMINAL DECISION

SECTION I- EXECUTION OF FOREIGN CRIMINAL DECISION

Article 516- Issuing the decision

1. When recognises a foreign sentence the court determines the punishment to be served in the Albanian state. It converts the punishment imposed in the foreign sentence into one of the sentences provided for the same fact by the Albanian law. This punishment shall be similar as a nature with that which is rendered by the foreign sentenced. The duration of the sentence may not exceed the maximal limit provided for the same fact by the Albanian law.

2. When the foreign sentence does not specify the duration of the sentence, the court provides it on basis of criteria indicated in the Criminal Code.

3. When the execution of the sentence rendered in the foreign state is suspended on parole the court, by the decision of recognition, in addition to other issues, does also dispose of the suspension on parole of the sentence. The same does the court when the defendant has been released on parole in the foreign country.

4. In order to specify the punishment by fine, the sum specified in the foreign sentence shall be converted in equal value into Albanian currency, observing the exchange rate of the day on which the recognition has been provided.

5. The decision of recognition regarding the execution of a confiscation shall also order the execution of the confiscation.

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.