Enforcement of national penalties - fines


Croatia - Criminal Code 1997 (2008) EN




Article 51

(1) A fine shall be imposed according to daily income. It amounts to at least ten and not more than three hundred daily incomes, except for criminal offenses committed for personal gain when the maximum fine may amount to five hundred daily incomes.

(2) The court shall determine the number of daily incomes on the basis of mitigating and aggravating circumstances referred to in Article 56 of this Code other than those relating to the financial situation of the perpetrator.

(3) When determining the amount of a daily income, the court shall take into account the perpetrator’s total income, his property and his family obligations. If the perpetrator of a criminal offense does not have any income but is the owner of property or property rights, the court shall determine the daily income by a free estimate in accordance with the value of such property or property rights.

(4) In the proceedings for the issuance of a criminal order (Article 446 of the Criminal Procedure Act), the court shall take the average daily income in the Republic of Croatia as the daily income of the perpetrator. The average daily income is determined and published every six months by the Supreme Court of the Republic of Croatia on the basis of the official data of the State Bureau of Statistics.

(5) The court ruling shall specify the number and the amount of daily incomes. The final amount of the fine is the product of multiplying the number of daily incomes by the amount of the daily income.

(6) The court shall determine the period for the payment of the fine which shall not be less than thirty days nor more than six months.

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.