Article 42 – A fine
1. A fine shall be a monetary penalty .
2. The minimum amount of a fine shall be GEL 2 000. If an appropriate article of the Special Part of this Code provides for imprisonment for up to three years, the minimum amount of the fine shall be at least GEL 500.
3. The court shall determine the amount of a fine according to the gravity of the crime committed and the material status of the convicted person. The material status shall be determined based on the person’ s property , income and other circumstances.
4 . The court shall, in its judgment, refer to the amount of a payable fine in laris .
5. A fine may also be imposed as a supplementary punishment when it is not considered as a supplementary punishment under an appropriate article of this Code, except for a crime under Article 1261 of this Code.
51. (Deleted – 12.6.2016, No 3714).
6. If a convicted person evades paying the fine or if the payment cannot be enforced, this punishment shall be substituted by community service, corrective labour , house arrest or imprisonment. At the same time, the period of time during which the convicted person was serving this sentence shall be counted towards the term of the community service, corrective labour or house arrest based on the following calculation: GEL 50 of the imposed fine – 4 hours of community service, one day of corrective labour , one day of house arrest. In addition, if a person maliciously evades the community service, corrective labour or house arrest imposed instead of the fine, it shall be substituted by imprisonment, to the extent and under the procedure determined by this Code for this type of punishment.
7. A fine may not be imposed as basic punishment for domestic violence under Article 1261 of this Code, or for committing domestic crime under 111 of this Code.
Article 107^6 – A fine
1. The minimum amount of a fine for a legal person shall correspond to a 50-fold amount of a fine considered for a natural person under Article 42 of this Code.
2. The amount of a fine shall be determined by the court taking into consideration the gravity of the crime, the benefit obtained from the crime and the material status of the legal person, which shall be defined by his/her property , income and other circumstances.
3. If it is impossible to enforce payment of a fine by a legal person as a basic punishment, this punishment shall be substituted by deprivation of the right to carry out activities or by liquidation.
4. If a fine is specified as both a basic and a supplementary punishment in the note to an article of the Special Part of this Code, the fine shall not be applied as a supplementary punishment when it is applied as a basic punishment.
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.