Enforcement of national penalties - fines

Estonia

Estonia - Criminal Procedure Code 2003 (2017) EN

Chapter 18
ENTRY INTO FORCE AND ENFORCEMENT OF DECISIONS

Division 2
Enforcement of Punishments

§ 417. Enforcement and execution of pecuniary punishments

(1) A court judgment ordering pecuniary punishment which has entered into force shall be sent to the institution designated by a directive of the Minister of Finance.
[RT I, 28.12.2011, 1 - entry into force 01.01.2012]

(2) If a convicted offender has failed to pay the amount of the pecuniary punishment imposed on him or her to the bank account of the court in full within one month after the entry into force of the court judgment, a copy of the court judgment shall be sent to the bailiff within ten days.
[RT I 2009, 68, 463 - entry into force 01.01.2010]

(3) If a bailiff has sent to the county court an application which indicates that the convicted offender has failed to pay an amount of pecuniary punishment or a fine to the extent of assets by the designated due date or if the terms for the payment of instalments of an amount of pecuniary punishment are not complied with and the term for payment of an amount of pecuniary punishment or a fine to the extent of assets has not been extended or deferred pursuant to the procedure provided for in § 424 of this Code, the judge in charge of execution of court judgments shall decide on the substitution of the pecuniary punishment or fine to the extent of assets pursuant to the procedure provided for in §§ 70 and 71 of the Penal Code or file a claim against the assets of the debtor.
[RT I 2005, 39, 308 - entry into force 01.01.2006]

(4) If an amount of pecuniary punishment has been paid in part, the paid part shall be taken into account upon determination of the duration of the substitutive punishment in proportion to the paid amount. A judge in charge of execution of court judgments shall settle the ordering of substitutive punishment pursuant to the procedure provided for in subsections 432 (1) and (3) of this Code. A copy of the ruling shall be sent to the participants in the proceedings concerned and to the bailiff.
[RT I 2005, 39, 308 - entry into force 01.01.2006]

§ 418. Waiver of enforcement of pecuniary punishment

(1) The judge in charge of execution of court judgments at the county court of the residence of a convicted offender may waive the enforcement of a pecuniary punishment by a ruling if :

1) a sentence of imprisonment is imposed on the convicted offender in another criminal matter and the sentence is enforced ;
2) execution of the pecuniary punishment may endanger the resocialization of the convicted offender ;
3) circumstances provided for in § 416 of this Code exist.

(2) On the bases provided for in subsection (1) of this section, a judge in charge of execution of court judgments may also waive collection of the procedure expenses from the convicted offender.
[RT I 2005, 39, 308 - entry into force 01.01.2006]

Estonia - Penal Code 2001 (2015) EN

Part 1
GENERAL PART

Chapter 3
TYPES AND TERMS OF PUNISHMENTS

Division 1
Principal Punishments Imposed for Criminal Offences

§ 44. Pecuniary punishment

(1) For a criminal offence, the court may impose a pecuniary punishment of 30 to 500 daily rates.

(2) The court shall calculate the daily rate of a pecuniary punishment on the basis of the average daily income of the convicted offender. The court may reduce the daily rate due to special circumstances, or increase the rate on the basis of the standard of living of the convicted offender. The daily rate applied shall not be less than the minimum daily rate. The minimum daily rate shall be 3.20 euros.
[ - entry into force 01.01.2011]

(3) Average daily income shall be calculated on the basis of the income subject to income tax received by the convicted offender during the year immediately preceding the year in which criminal proceedings were commenced against the convicted offender or, if the data pertaining to such year are not available, during the year preceding such year, less the income tax.

(4) Daily rates shall be calculated to the accuracy of ten cents.
[ - entry into force 01.01.2011]

(5) If at the time of commission of an act, the person is less than 18 years of age, the court may impose a pecuniary punishment of thirty up to two hundred and fifty daily rates. A pecuniary punishment shall not be imposed on a person of less than 18 years of age if he or she does not have any independent income.

(6) A pecuniary punishment may be imposed as a supplementary punishment together with imprisonment unless imprisonment has been substituted by community service.

(7) A pecuniary punishment shall not be imposed as a supplementary punishment together with a fine to the extent of assets.

(8) In case of a legal person, the court may impose a pecuniary punishment of 3200 to 16,000,000 euros. A pecuniary punishment may be imposed on a legal person also as a supplementary punishment together with compulsory dissolution.
[ - entry into force 01.01.2011]

(9) In the cases provided for in the Special Part of this Code, the court may impose a pecuniary punishment on a legal person, the amount of which is calculated as a percentage of the turnover of the legal person during the financial year immediately preceding the year in which the criminal proceedings were commenced or in case the person has operated for less than a year, during the year of commencing the criminal proceedings. In such case, the upper limit of the pecuniary punishment imposed shall not exceed the upper limit of the pecuniary punishment provided for in subsection (8) of this section.
[ - entry into force 27.02.2010]

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.